Human Rights in the Maldives

The Case of the Sandhaanu 4: Websites Containing Human Rights Information About The Maldives: Other Links on the Maldives:

Amnesty International's Annual Report Entry on the Maldives:

Covering events from January - December 2002

REPUBLIC OF MALDIVES
Head of state and government: Maumoon Abdul Gayoom
Death penalty: abolitionist in practice
International Criminal Court: not signed

The government continued to impose severe restrictions on freedom of expression. Critics of the government continued to be detained, or imprisoned following unfair trials; they were prisoners of conscience.

Background
 


Political parties were not allowed to function and by the end of the year the authorities had still not allowed the Maldivian Democratic Party, an independent political party, to be registered.

Prisoners of conscience

At least seven prisoners of conscience and possible prisoners of conscience were held during 2002. Some were sentenced to imprisonment. They were not permitted to consult with, or engage the services of, a lawyer before their trials or in court. AI called on the government to provide information about the detention of political prisoners and to reform its legal system to safeguard fundamental rights.

  • Mohamed Nasheed was "expelled" from parliament in March after he lost his appeal against his conviction in November 2001 for the theft of a few children's exercise books at an auction; the charges were believed to be politically motivated. He was initially banished to a remote island and then placed under house arrest in Malé. He was released on 29 August, but denied his parliamentary seat.
  • Four prisoners of conscience, Mohamed Zaki, Ibrahim Moosa Luthfee, Ahmed Ibrahim Didi and Fathimath Nisreen, were arrested between 30 January and 1 February by the National Security Service (NSS). They were accused of writing for Sandhaanu, an Internet e-mail magazine critical of the government which continued to be circulated clandestinely. The four were held in solitary confinement with no family visits for about five months. On 7 July, Mohamed Zaki, Ibrahim Luthfee and Ahmad Didi were sentenced to life imprisonment for "insulting" the President, calling for the overthrow of the government, causing hatred against the government, spreading false news, and forwarding Sandhaanu to others via e-mail. Fathimath Nisreen was sentenced to 10 years' imprisonment for writing "false information" in Sandhaanu, criticizing government policies, calling for the overthrow of the government and assisting Sandhaanu originators. They were held in the island prison of Maafushi where food is reportedly not hygienic, prisoners are at times kept in handcuffs for days, and access to health care is severely limited.
  • Naushad Waheed, an artist and businessman held in detention or under house arrest since 9 December 2001, was sentenced to 15 years' imprisonment by a court in Malé on 14 October. Charges reportedly related to his involvement in public debates deemed critical of the government. He was a possible prisoner of conscience. His place of detention was not known.
  • Ibrahim Fareed, a postgraduate scholar of Shari'a (Islamic Law), was arrested in Malé on 8 June by members of the NSS, reportedly accused of calling for civil disobedience. He was a possible prisoner of conscience and was believed to be detained either at the island prison of Guraidhoo or Dhoonidhoo at the end of the year.

Flogging

A couple convicted of having an extramarital sexual relationship were sentenced to 15 lashes each. The sentence was carried out in public on 9 October.

Free the Sandhaanu 4 Now!

 

Thoughts on the Sandhaanu 4.

The children r not happy
the children r not happy
but they do not grumble
it the maldivian way to be silent
but inside we r burning
hope u know the feeling
the kids r not alright

-author not given.  Source: http://www.maldivesculture.com/maldives_email_sandhaanu02.html

From Reporters sans FrontieresAll the news:

Since July 2002, Mohamed Zaki, Ibrahim Luthfee and Ahmed Didi, editors of the electronic newsletter Sandhaanu, have been serving a life term in prison. Fathimath Nisreen, Ibrahim Luthfee's assistant, received a 10-year prison term. They were found guilty of "insulting the President" and of "committing acts hostile to the government (…) by creating a newsletter known as Sandhaanu."

Reporters without Borders (Reporters sans frontieres) called upon the Maldivian President, Maumoon Abdul Gayoom, to demand the immediate release of those four people, whose only crime was to exercise their right to freedom of speech. Indeed, Article 25 of the Maldives Constitution guarantees that "Every citizen shall have the freedom to express his conscience and thoughts orally or in writing or by other means…"

In January 2002, businessmen Mohamed Zaki, Ibrahim Luthfee and Ahmed Didi, as well as Fathimath Nisreen, Ibrahim Luthfee's assistant, were arrested by the police for having circulated articles critical of the government on their electronic newsletter Sandhaanu. According to Amnesty International, this Internet publication, written in Dhivehi (the language of the Maldives), had not advocated violent political opposition. After being held in solitary confinement for two weeks by the police force in Malé (the capital city), they were transferred to the detention centre on the island of Dhoonidhoo.

In May, they were charged with "defamation" and "committing acts hostile to the government" by publishing critical information on Sandhaanu. The authorities denied them the right to legal representation and refused to allow visits from their families.

In June, they were transferred to the island of Mafushi, where they are being held in small cells. On 7 July 2002, Mohamed Zaki, Ibrahim Luthfee and Ahmed Didi were sentenced to life in prison. Fathimath Nisreen, 21, was given a 10-year prison term for having expressed her "dissatisfaction with government policy" and having sided with the authors of the Sandhaanu articles. The authorities have denied their request to file an appeal.

During the trial, Ibrahim Luthfee, 37, and Ahmed Didi, 50, admitted that they were the authors of this electronic newsletter, while 50-year-old Mohammed Zaki, a resident of Malaysia, was responsible for sending it to Internet users who requested it. Before the judges, Ibrahim Luthfee claimed that he was prepared to prove, point-by-point, every accusation that he had made against President Gayoom.

They are all still behind bars on the island of Mafushi, under harsh prison conditions. The authorities have placed them in Block C, usually reserved for drug addicts and thieves. Their cells are not ventilated and they only receive five litres of water a day for drinking and washing. Their families are not permitted to visit them more than once a month.

 

International activists demand release of journalists jailed on remote Maldives island


By DILIP GANGULY
Associated Press Writer
Copyright 2003. The Associated Press. All Rights Reserved.

COLOMBO, Sri Lanka (AP) - International activists demanded the release of three Maldives journalists jailed for life and their assistant, who was imprisoned for 10 years, over articles criticizing the country's president and government.  An Information Ministry official in the Maldives' capital, Male, on Tuesday confirmed that a local court sentenced the four in July 2002.  He spoke on condition of anonymity and refused to give details.   Paris-based press freedom group Reporters Without Borders released a statement Monday urging the Maldives' President Maumoon Abdul Gayoom to immediately order the release of the four, whose "only crime was to exercise their right to freedom of speech."  Reporters Without Borders identified the four as Mohamed Zaki, Ibrahim Luthfee and Aminath Didi, editors of the Internet newsletter Sandhaanu, and their assistant, Fathimath Nisreen.  The group said the four were serving their prison terms under harsh conditions on the remote island of Mafushi, in an area usually reserved for drug addicts and thieves.  "Their cells are not ventilated and they only receive five liters (1.3 gallons) of water a day for drinking and washing," Reporters Without Borders said.

The Maldives archipelago is a nation of 278,000 people, 500 kilometers (300 miles) off the Indian coast.  Gayoom was last elected president for a five-year term in October 1998, polling 90.9 percent of votes. The country has no political parties, though there is no ban on political activity.

Police charged the four with "defamation" and "committing acts hostile to the government" in May 2002. They have been denied the right to approach an appeals court, Reporters Without Borders said.  The Maldives has three daily newspapers in the local language. Authorities discourage journalists from working for international news organizations.  Reporters Without Borders said police had arrested the four in January 2002.  According to human rights group Amnesty International, headquartered in London, the journalists didn't advocate violent opposition to the president or his government in their newsletter.   During trial, Luthfee, 37, and Didi, 50, admitted that they were the authors of the newsletter, while Zaki, 50, sent it to Internet users who asked for it.

News Release Issued by the International Secretariat of Amnesty International

AI INDEX: ASA 29/001/2004 28 January 2004

Maldives: Reforms will gain no credibility unless prisoners of conscience are released


Five prisoners of conscience continue to be held in the Maldives in gross violation of their fundamental rights to freedom of expression despite developments in recent months promising to improve the human rights situation in the country, Amnesty International said today.

The prisoners include Mohamed Zaki, Ahmed Ibrahim Didi and Fathimath Nisreen, arrested two years ago and sentenced in evidently unfair trials to long periods of imprisonment. Two other prisoners of conscience, Naushad Waheed, sentenced to 15 years, and Ibrahim Fareed, reportedly held without charge or trial, have been in detention since December 2001 and May/June 2002 respectively.

"We urge President Maumoon Abdul Gayoom to release these prisoners of conscience immediately and unconditionally," the organization emphasized. "No move towards reform can gain credibility while these prisoners of conscience remain in detention."

Amnesty International acknowledges the steps the government has taken since last October to address the failure of the criminal justice system to protect fundamental rights. These include the establishment of a Presidential commission of inquiry into instances of human rights violations in September 2003, as well as the establishment, in December 2003, of the Human Rights Commission of the Maldives "with a mandate of protecting and promoting human rights in the country". The commission of inquiry has submitted its report and the government has promised to bring to justice those responsible for the death in custody of a prisoner as a result of beating, and the shooting resulting in deaths of several more prison inmates by the National Security Service.

The Human Rights Commission has reportedly begun investigating cases, but it is not empowered to deal with cases older than one year prior to its formation. The Government has also announced further measures to remove some of the shortcomings of the judicial system and to improve detention conditions.

"While these are positive steps in reforming the justice system, the continued detention of the five prisoners of conscience severely undermines their credibility. Promises of reform for the future can only be taken seriously if these clear cases of gross violation of fundamental rights from the past are resolved."


Background

Mohamed Zaki , Ahmed Ibrahim Didi and Fathimath Nisreen, have been detained since the end of January 2002 on charges related to their involvement in the production of a clandestine Internet e-mail magazine, Sandhaanu, publishing articles critical of the government and circulated widely amongst Maldivians. They were sentenced to long terms of imprisonment in July 2002 following grossly unfair trials. Recent reports suggest that Zaki and Didi's sentences (life imprisonment) may have been reduced 15 years'. Fathimath Nisreen's sentence (10 years') has reportedly been reduced to 5 years' and she has been banished to a remote island where she is to spend the rest of her sentence - still a form of imprisonment. Mohamed Zaki is reportedly suffering from a bladder condition which is not being treated.

Naushad Waheed, a businessman, artist and outspoken critic of the government, has been detained since December 2001. He is serving a sentence of 15 years' imprisonment following a grossly unfair trial. He is suffering from loss of weight and has reportedly become mentally unstable but the authorities have not provided him with adequate medical treatment.

Ibrahim Fareed, an Islamic scholar with moderate religious views who commands considerable respect in the Maldives, has reportedly been detained in custody or under house arrest since May/June 2002 after a speech in a mosque in which he raised the issue of corruption in the government administration. He is reportedly suffering from a severe respiratory condition with no access to adequate treatment.
 

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17 August 2004

UA 249/04   Incommunicado detention/fear of torture or ill-treatment

MALDIVES
Fathimath Nisreen (f)
Mohamed Niyaz (m), her brother
Ahmed Ibrahim Didi (m)
Mohamed Zaki (m)
Muad Mohamed Zaki (m), his son
Maria Manike (f)
Ibrahim Ismail (m), member of Special Majlis (parliament)
Ibrahim Hussain Zaki (m), member of Citizens' Majlis
Ghasim Ibrahim (m), member of Special Majlis
Dr Mohamed Monawar (m), former Attorney General, member of Citizens' Majlis
Ali Faiz (m), member of Special Majlis
Dr Hussain Rasheed (m), member of Special Majlis
Ilyas Hussain Ibrahim (m), member of Special Majlis


The 13 people named above are among scores taken to police headquarters in the capital, Male, for interrogation after they
took part in large demonstrations on 12 and 13 August against the slow pace of democratic reforms and the continued detention of four political prisoners. Several were
reportedly beaten when they were arrested. They are reportedly held incommunicado, and at risk of torture.

Three of them, Fathimath Nisreen, Ahmed Ibrahim Didi and Mohamed Zaki, were already under house arrest at the time
they were detained. This was part of long sentences of imprisonment imposed after a grossly unfair trial for their role in the publication of an underground Internet magazine,
Sandahanu, which criticized the government. They have been in prison or under house arrest since early 2002. Amnesty
International considers them to be prisoners of conscience.  On 12 or 13 August, Fathimath Nisreen and Ahmed Ibrahim
Didi left their houses and briefly joined the demonstrators but returned to their homes before they were taken into
police custody. Mohammed Zaki reportedly did not leave his home during the demonstrations. Their families have also
been targeted during the current wave of arrests. Muad Mohamed Zaki is the son of Mohamed Zaki, and Mohamed
Niyaz is the brother of Fathimath Nisreen.

Maria Manike is the mother of a prisoner, Hasan Evan Naseem, who was reportedly beaten to death by guards at
Maafushi prison in September 2003. Although the government set up a commission of inquiry, Maria Manike had been voicing her concern in public at the slow pace of
the trial of those involved in the killing of her son.

Seven of those named above are members of the Citizens' Majlis (assembly) or the Special Majlis, a newly elected
assembly established to draft a new constitution, which would allow political and legal reforms. They are all known for their
peaceful opposition to the current government's policies. The government has reportedly refused to give any details of the
conditions the detainees are held in and has not allowed their families or lawyers to visit them.

BACKGROUND INFORMATION

Following large-scale demonstrations calling for democratic reforms in September 2003, President Maumoon Abdul
Gayoom announced measures to reform the political and judicial system and bring the criminal justice system into
conformity with fair trial standards. A National Human Rights Commission was established and a special Majlis
(assembly) was elected to rewrite the constitution in May.

Tension emerged on 19 July when sessions of special Majlis were suspended because many Members of Parliament (MPs)
objected to the voting process. They were concerned that the speaker of the special Majlis should be elected through secret
ballots, and not by show of hands. According to reports, at least 24 MPs walked out of the session and held a demonstration outside the building, which was reportedly
joined by a large number of people.

The recent arrests followed large demonstrations calling for democratic reform and a change of government in Male that
lasted several days. On 13 August, large numbers of injured people needed hospital treatment after the police reportedly
used sticks and batons to attack them during the demonstrations. The government later imposed a state of emergency and began a wave of arrests of its political
opponents. In a press release issued the same day, the government announced that "about 80 persons [were] assisting the security services with their inquiries", which suggests they are in detention. Other sources, however, say
the number of detainees has risen significantly since then.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- expressing concern about those arrested since demonstrations on 12 and 13 August, including those named above;
- expressing concern that the people named above are held incommunicado, and urging the authorities to ensure that
they are treated humanely and not tortured or ill-treated, and given immediate access to their families, lawyers of their
choice and any medical attention that they may require;
- expressing concern that they appear to be held solely for the peaceful exercise of their right to freedom of speech and
assembly;
- urging the authorities to release them immediately and unconditionally unless they are to be charged with a recognizably criminal offence.

APPEALS TO:
President Maumoon Abdul Gayoom
The President's Palace
Maafannu Theemuge
Male 2002
Republic of Maldives
Fax:        011 960 32 55 00
Salutation: Dear President Gayoom

COPIES TO:
The Island Newspaper
223 Bloemendhal Road
Colombo 13
Sri Lanka
Email:      gamini@unl.upali.lk

Dr Mohamed Latheef
Embassy of the Republic of Maldives
800 Second Ave #400E
New York NY 10017
212 661 6405
Email: mdvun@undp.org

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Reporters without Borders

Press Release

20 January 2005

MALDIVES

Free elections threatened by lack of pluralism
 


Reporters Without Borders voiced fears that 22 January elections in the Maldives had virtually no chance of being free and fair as promised by the government because of a striking absence of press freedom.

Control over both public and private media wielded by President Maumoon Abdul Gayoom, his family and supporters was a flagrant violation of Article 25 of the Constitution that guarantees “the right to express ones conscience and ideas verbally, in writing or by any other method”, it said.

The worldwide press freedom organisation strongly regretted that the government, which postponed elections after the tsunami disaster, had not taken steps to ensure free media coverage of the campaign for a new Majlis (parliament).

The Maldives were ranked, in October 2004, in 157th position out of 167, in Reporters Without Borders world press freedom index.

The organisation urged international observers currently in the Maldives, particularly those from the Commonwealth headed by the former president of Mauritius, to refer to the flagrant lack of press freedom in their final reports.

The opposition has since the start of the campaign been all but squeezed out from broadcasts on state-run Voice of Maldives radio and from public television.

The country has three privately-owned dailies and around a dozen magazines. Leading newspaper, Haveeru, is controlled by the former sports and youth minister. The daily Aafathis belongs to President Gayoom’s brother-in-law while the third, Miadhu Daily, is under the head of state’s direct control. Information minister, Ahmed Abdullah, heads up the editorial team.

The magazines and private-owned tabloid newspapers enjoy more freedom, even though presidential associates have positions on most of the management and editorial boards.

The government also maintains a tight grip on publication licences. The Information Ministry revoked 22 licences in March 2003, for “illegal publication”, including the Monday Times which was already unable to appear since all the country’s printers had refused to print it since 2002.

Three cyberdissidents, Mohamed Zaki, Ahmad Didi and Fathimath Nisreen have been deprived of their freedom for launching an online newsletter Sandhaanu. They were found guilty of “insulting the president” and “attempting to overthrow the government (…) by creating the newsletter entitled Sandhaanu", even though the divehi-language site did not post any calls to violence. Mohamed Zaki and Ahmad Didi are under house arrest in Malé, while Fathimath Nisreen has just been banished again to Feeail Island. Another cyberdissident, Naushad Waheed, is under house arrest after being sentenced to 15 years in prison in October 2002. Reporters Without Borders repeated its call for the release of these four cyberdissidents.

The president on 31 December 2004 lifted charges of “treason” and “disturbing public order” against dozens of opposition supporters who were arrested for taking part in a demonstration in Malé in August 2004. The four cyberdissidents were unfortunately not included.

News websites, including maldivesculture.com and minivannews.com, are inaccessible in the Maldives while shortwave broadcasts on London-based station Miniva (Free Radio) are regularly scrambled in Malé. These media mainly give a platform to opposition figures and exiles.
 

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