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That death in Maldivian prison

Stop repression of peaceful political activism

Statement issued by Amnesty International regarding the situation in Maldives

The scale of civil protest in Mal, last weekend and the targeting, by the protesters, of government buildings which are closely associated with endemic human rights violations, underlines people's anger caused by the blatant abuse of their human rights.

In response to the recent wave of protests, President Maumoon Abdul Gayoom must take urgent measures to stop the systematic repression of peaceful political activists, and radically reform the criminal justice system to safeguard people's human rights.

Endemic torture and unfair trials, abuse of power by the security personnel, and a lack of clear boundaries between the executive power and the judiciary are at the heart of the causes that sparked off the civil protest last weekend.

By repeatedly dismissing reports of human rights violations in the country, the Government of President Gayoom has allowed perpetrators to continue to act with impunity.

This has effectively perpetuated a cycle of repression eroding people's confidence in the state's institutions to protect their fundamental rights. It is high time that government authorities accept their own responsibility and failure to protect and promote human rights. The killing of at least three prisoners by the National Security Service (NSS) last weekend and the injury of a dozen more in Maafushi Prison, is only the latest chapter in a catalogue of human rights violations in the country by NSS personnel who function under the President's command.

Amnesty International calls upon the Government of Maldives to establish a fully competent and truly independent and impartial investigation into the killing of prisoners in Maafushi Prison and ensure that those found responsible are brought to justice. This inquiry must be transparent and conform to international human rights standards.

The organization notes that President Gayoom has ordered an investigation into the alleged killing of one of the prisoners, Hassan Enaam Naseem, by NSS personnel. However, the scope of the inquiry is limited to an investigation of the death of one prisoner. No inquiry into the deaths of other prisoners and the shooting by NSS personnel at prisoners in Maafushi has been announced.

Furthermore, the President appears to be too closely involved in the inquiry, which could undermine its independence. When President Gayoom went on television on 20 September appealing for calm, he promised a "full investigation" into the death of one prisoner. But he added: "The Presidential Commission established to conduct the inquiry is an independent Commission, and will not be subjected to influence of any Government authority". However, he made it clear that he would give "directions" to the commission "personally" and "without any intermediary".

A truly independent investigation means independence from all government authorities, including the President.

Amnesty is further concerned that the authorities have launched a wave of arbitrary arrests. Already, over a dozen people have been arrested and there are fears that more arrests may follow. Children are reportedly among those picked up and taken away.

Amnesty International is also concerned that the government may take severe retaliatory measures against prison inmates at Maafushi. Many prisoners were reportedly held in chains, or deprived of food for over a day following the shooting at prisoners at Maafushi Prison. Large numbers of prisoners have reportedly been sent from Maafushi to Dhoonidhoo detention centre for interrogation. The centre has been notorious for torture and ill-treatment of prisoners.

Background

A fight broke out between two inmates of the Maafushi prison several days ago. One of the prisoners, Hassan Eemaan Naseem, reportedly hit a policeman who intervened. Naseem was then taken out of the prison by the NSS personnel, beaten severely and died, reportedly on 19 September, as a result of the injuries he sustained.

The NSS reportedly kept silent about his death and attempted to bury him secretly. The news of his death however reached other inmates and his relatives. This triggered unrest in Maafushi prison and protests in the capital, Mal,, where the dead prisoner was to be buried.

Security forces reportedly opened fire at the prison inmates with AK47 assault rifles as a result of which another prisoner, Abdulla Amin, died from gunshot wounds reportedly on 20 September. Over a dozen other prisoners were injured in the shooting, some critically. As of the evening of 22 September, at least 12 prisoners with serious gunshot injuries had been flown to Colombo in neighbouring Sri Lanka for treatment. One of them died in a hospital in Colombo bringing the number of deaths so far to three.

He had bullet wounds in the chest. Another was kept in an intensive care unit with gunshot injuries in the stomach. Access to other injured detainees was not possible. The protests were the first to be reported from Mal, during the presidency of Maumoon Abdul Gayoom. Protesters attacked government buildings.

The Elections Division office was reportedly set on fire, the parliament building was damaged by stones, and records at the High Court were destroyed by angry crowds. At least two police stations were reportedly set on fire. There were no reports of casualties during these riots.

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Commission conducts free, independent investigation

Press release from the Ministry of Foreign Affairs of the Republic of Maldives regarding the death of an inmate at Maafushi Correctional Centre on 19 September 2003 and the shooting incident that occurred at Maafushi when a number of prisoners broke out of the Maafushi Correctional Centre and attacked the armoury.

The President of the Republic of Maldives has called for a full inquiry and appointed a Presidential Commission to investigate the death on 19th September 2003 of an inmate at Maafushi Correctional Centre, Hassan Evan Naseem, who was serving a six year sentence for conviction for drug abuse.

The Commission has also been mandated to investigate the shooting incident that occurred at Maafushi when a number of prisoners broke out of the Maafushi Correctional Centre, and attacked the armoury. The President has empowered the Commission to conduct a free and independent investigation into both events, and to publish its report. The members appointed to the Commission are reputed professionals and persons who are well-known and respected in the community.

The President has expressed his grief to the bereaved families and has promised that the persons responsible for the death of Hassan Evan Naseem and any person found to have violated the law would be prosecuted according to the law, irrespective of rank or position held by such person.

The President has also taken measures to ensure that the rights of the persons being questioned in the matter relating to the acts of vandalism and the destruction of public property in Male, of 20th September are protected. In this regard, he has directed that all investigations relating to the said incident should be conducted in the presence of members of the People's Majlis (Parliament). Furthermore, the said investigations are to be carried out at premises other than those of the police or the Ministry of Defence and National Security.

While the people and the Government of the Maldives alike are shocked and pained by the death of Mr. Nazeem and the deaths resulting from the shooting incident at Maafushi, the peace loving people of the Maldives strongly condemned the acts of vandalism and destruction of public property carried out in Male' on 20th September.

These offences were instigated and carried out by a number of convicted drug abuser and other ex-convicts, together with a few others who appear to have been incited by them. The perpetrators of this violence attempted to exploit the genuine anger and indignation of the people over the death of a prisoner, and sought to provoke a confrontation with the police. The security forces exercised great restraint and care, as a result of which no member of the public was hurt by the disturbances in Male, in which the police were compelled to use tear gas to disperse unruly gangs.

Shortly after the President's address to the nation on Saturday night, giving details of the events, expressing his grief, informing the public of the measures being taken, and appealing for calm, people returned to their homes and normalcy was restored. Schools were closed on Sunday 21st September, but all government offices were open and on Monday, 22nd September, the schools reopened.

Although as a precautionary measure, people are being advised not to loiter in the streets of Male' from late night to pre-dawn, everything in Male' has returned to normal, as is the case with the rest of the country.

Call all Sri Lanka

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