Devious dictator or a negligent nepotist? :: Maldives News :: Dhivehi Observer

Nashid Column

Devious dictator or a negligent nepotist?

by Dr. Ibrahim Nashid - ibrahimnash@gmail.com, G. Keneree Ge, Male', 4 December 2005

Either by gross negligence or by devious design, Gayoom has managed to make the Human Rights Commission of the Maldives completely ineffective. After the parliament refused to accept the names he suggested on the eleventh hour, Gayoom is now proposing to change the law. With this Gayoom displays his two most prominent characteristics: blatant disregard for any kind of law, even self-made, and his vast capacity to lie and deceive even the best of his friends.

When the parliament refused to accept the list of names for the human rights commission that he proposed at the eleventh hour, his government is now saying that the law needs to be changed. If the government was honest and diligent about improving the institutions that would safe-guard the human rights of the citizens of the Maldives, we would not have come to this impasse. They had three months to propose a set of names, but unfortunately they did nothing during that time. It is typical of people corrupt with power to attempt to rewrite or bend the rules when things do not go according to their plan. The parliament may change the law, but it is difficult to see whether a change in the law would get the commission functioning again, mainly because it is not the wish of this government. Changing the law would also give the government time to continue violating the people's human rights.

According to Gayoom "progress is being made" in strengthening the institutions of the Maldives. The only institution that has made progress since the killing of Evan Naseem is the police. Now they have very effectively institutionalized the practice of blindfolding detainees before torturing them. In this manner they are attempting to prevent the victims from giving names during inquiries. Those in charge of the police should be aware that they will not be exonerated from the charge of torture just because the victim failed to name the torturers. Blindfolding detainees for hours on end in itself is an ill-treatment. As we can establish the pattern of this ill-treatment from the testimonies of many detainees, either the police commissioner or the minister for home affairs must take the blame, in particular when the actual perpetrators are not identifiable.

It would be making progress if the Attorney General sent the case of the death of Muaviath Mahmmod to court. Muaviath's case was investigated by the human rights commission in February this year and I assume that the commission has advised the government on the action to take in this case. After the harassment of Muaviath's family by the police, the least the government can do is to start legal proceedings. It may even be that he died of natural causes, but the circumstances of his death have to be established in public.

Gayoom's negligence is not limited by our national boundaries. His government signed the United Nation's Convention against Torture in April 2004 and under article nineteen of this convention each State party must submit within one year a report on the measures taken to give effect to its undertakings under the convention. The first report by the Maldives was due on the 4th of May 2005 and of course there is not even a hint from Gayoom's government of submitting one. Perhaps Gayoom was unaware what the foreign minister was putting him into when he signed the convention.

In the form and content guidelines of state reports under article nineteen, the Committee against Torture states that the committee envisages receiving an overview of the practical implementation of the convention in relation to legal institutions such as courts, disciplinary bodies, administrative authorities in charge of police and prison administration and national institutions for the promotion and protection of human rights. The guidelines also state that the report should contain "pertinent information on effective measures taken to prevent all acts of torture, inter alia with respect to: duration of police custody; incommunicado detention; rules governing the rights of arrested persons to a lawyer, a medical examination, contact with their family, etc.; emergency or anti-terrorist legislation that could restrict the guarantees of the detained person." (cf. downloadable copy of the guidelines).

As Gayoom's government has not done anything concrete to implement what is required by the convention, they have to invent a lot of excuses for their lack of compliance. However, they must be aware that what ever they invent will not go unchallenged by the committee against torture and also by other observers who are willing and able to give evidence to the committee.

Hence the prudent advice would be to make a serious attempt to improve the torture and ill-treatment situation in the Maldives before sending a work of fiction to the United Nations Committee against Torture. Otherwise the little credibility that the government has left in front of the international community would be lost completely.

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