arbitrary detention and ill-treatment of various members of the Maldivian Democratic Party (MDP)

Geneva, 10 November 2006

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in the Republic of Maldives.

Brief description of the situation:

The International Secretariat of OMCT has been informed by a reliable source about the arbitrary detention and ill-treatment of various members of the Maldivian Democratic Party (MDP) in the Southern Atolls of Gaaf Dhaal and Male by policemen between end of October and beginning of November 2006 following a call from the MDP for a country wide demonstration to be originally held on 10 November 2006 to urge for faster constitutional reform.

According to the information received, on 1 November 2006, at approximately 12:00, about 70 riot force police, in full riot gear, arrived by speedboats to Thinadhoo Island in the Southern Atoll of Gaaf Dhaal. Upon arrival, the riot police proceeded straight to the office building of the MDP. While on their way, they apprehended Mr. Mohamed Gasam, Deputy President of the Gaaf Dhaal Constituency of MDP, and forced him to accompany them to the MDP office.

The riot police then reportedly invaded without any search or arrest warrant the MDP office building, where six members of MDP were working. The riot police threatened these individuals by telling them that if they did not leave the office immediately, they would be arrested. The riot force then proceeded to ransack the office and confiscated banners, posters and other material. Following these events, Mr. Mohamed Gasam was taken to a holding cell on Thinadhoo Island straight from MDP office.

On the same day, a group of riot police approached Mr. Mohamed Nazim, Secretary of the Executive Committee for Gaaf Dhaal Constituency of MDP, while he was working in his shop. He was asked to accompany the riot police to the Police station.

It is reported that Mr. Mohamed Gasam and Mr. Mohamed Nazim, both held in solitary cells on Thinadhoo Island, were both pepper sprayed to their face while in detention.

Furthermore, OMCT has been informed that four additional persons are being detained on Thinadhoo Island after island officials reportedly drove around the island announcing that if any protection was given to the hereunder mentioned people, it would be considered an offense.

1. Mr. Mohamed Saleem Ali (Narugis Villa, Thinadhoo) President of the Gaaf Dhaal Constituency of MDP, arrested on 1 November 2006 at his house by riot police.
2. Mr. Yamin Mohamed (Abhareege, Thinadhoo), MDP member, handed himself over to the riot police knowing that they were looking for him.
3. Mr. Mohamed Waheed (Skooner, Thinadhoo), MDP member, arrested on 1 November 2006 at his house by riot police.
4. Mr. Mohamed Niyaz (Blue Fish, Thinadhoo), MDP member, arrested on 1 November 2006 but no further details on his arrest are known.

It is reported that Mr. Mohamed Waheed and Mr. Mohamed Saleem Ali were severely ill-treated during their arrests. While Mr. Mohamed Waheed was brutally hit on the face causing his face to swell up, Mr. Mohamed Saleem Ali’s hand was broken. According to the information, Mr. Mohamed Saleem Ali asked for medical attention but had been denied any medical treatment until 2 November when he was taken to Gaaf Alif Atoll Villingili Island to receive medical assistance. Moreover, according to the information received, around 02:00, Mr. Yamin Mohamed was taken out of his cell, handcuffed and dragged by the neck and severely beaten up by the riot police. Tear gas was also reportedly used inside holding cells allegedly due to excessive noise made by the detainees.

On 3 November 2006, following a demonstration of over 150 people requesting the island Office to calm down the riot police, demonstration which was violently dispersed, additional six MDP members were arrested.

1. Mr. Ahmed Hussai
2. Mr. Mohamed Niyaz (different from the Mohamed Niyaz arrested on 1 November)
3. Mr. Kinaanath Mohamed
4. Mr. Muththaqim Latheef
5. Mr. Ibrahim Areef
6. Mr. Ahmed Shaukat

OMCT has also been informed that arrests took place in the capital Male.

1. Mr. Mohamed Ziyad, National Council Member of MDP and active reformist. He was reportedly arrested on 30 October 2006 while he was having coffee in a café. Approximately eight riot police arrived in the café and apprehended him. He was informed that the reason of his arrest was “threatening a car driver on one of the main roads in Male”.
2. Mr. Mohamed Falah, Vice President of Male’ Constituency for the MDP. He was reportedly arrested on 30 October 2006. No reason of arrest was given.
3. Mr. Abdul Majeed Shameem, MDP Cell President. He was arrested on 31 October 2006. No reason of arrest was known.
4. Mr. Shehenaz Abdulla, who was contacted by MDP to coordinate the 10 November 2006 gathering. She was arrested on 6 November 2006. She was reportedly handcuffed and carried to an awaiting police vehicle by the riot police.

The International Secretariat of OMCT expresses its concern over the psychical and psychological integrity of the above mentioned persons. OMCT recalls that these events are in clear infringement of articles 7 and 9 (1), (5) of the International Covenant on Civil and Political Rights, to which the Republic of Maldives has acceded in September 2006, which state that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [and that] no one shall be subjected to arbitrary arrest or detention” and which require that “anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.” OMCT calls upon the authorities of the Maldives to initiate an impartial investigation into this case of arbitrary detention and ill-treatment by police forces in order to find those responsible for these violations of human rights and to bring them to justice.

Action requested:

Please write to the authorities of the Republic of Maldives urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of the above mentioned persons;
2. Order the immediate release of the above mentioned persons in the absence of valid charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
3. Order a thorough and impartial investigation into these events, especially in regards to the allegations of ill-treatment, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
4. Guarantee that adequate medical assistance is provided to the above mentioned people if necessary;
5. Guarantee that adequate compensation is awarded to above mentioned people:
6. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses:

• President Maumoon Adbul Gayoom, The President’s Office, Mulee-aage, Henvairu Medhuziyaaraiy Magu, Malé 20-05, Republic of Maldives, Fax +960 3325500
• Mr. Ahmed Mujuthaba, Chairperson, Human Rights Commission of the Maldives, ADK Tower, Ameeru Ahmed Magu, Mal, Republic of Maldives, Fax +960 338 658, E-mail: info@hrcm.org.mv
• Ambassadeur Hassan Sobir, The Permanent Mission of the Republic of Maldives to the UN, Rue de Lausanne 45-47, CH-1201 Geneva, Switzerland, Fax +41 22 732 63 39, E-mail: mlimon@maldivesmission.ch

Please also write to the embassies of the Republic of Maldives in your respective country.

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Geneva, 10 November 2006

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.