Saturday, March 29, 2014

Doctor arrested for sexually harassing a boy

A 32-year old foreign doctor has been arrested for allegedly sexually harassing a 14-year old boy from Maakurathu in Raa Atoll.

According to the police, the island's resident doctor was taken in to police custody on Thursday.

The court has since added 15 more days to his detention period, revealed a police spokesperson.

On the 13th of March, a 45-year old man was arrested for sexually harassing a 15-year old who he had brought to Male', after promising her better educational opportunities from the capital. The man was arrested from Lhos in Noonu Atoll where he was at, with the girl.

Via Haveeru

Thursday, March 27, 2014

Man arrested for abusing 1-year-old daughter

Police on Wednesday arrested a man in Vilimale for allegedly sexually abusing a one-year old baby and his two step children.

Police said that the man arrested is of 45 years in age.

According to police, the man was arrested at 11pm late in the evening for allegedly sexually abusing his one-year-old baby daughter and his two step children; an 11 and a 12-year-old. 

The Criminal Court had extended the man's detainment for 10 days.

Police said that the case is now being investigated by Child Abuse Investigation Unit at Family and Child Protection Department.

via Haveeru

Thursday, March 20, 2014

President announces clemency plan for all prisoners except “extremely serious offenders”

President Abdulla Yameen has announced that he will grant clemency to all prisoners except those convicted for extremely serious crimes, including murder and terrorism.

“On the first of April, I will grant the highest form of clemency possible to all prisoners convicted for crimes other than the most serious ones,” Yameen stated on Wednesday night, speaking at a political rally held in Fuvahmulah.

Yameen stated that his administration wishes to re-introduce youth prisoners into society under a rehabilitation program. The government has therefore decided to grant clemency to all non-serious offenders who are currently in prison, he added.

The opposition Maldivian Democratic Party (MDP) have described the move as “irresponsible”, and a “political stunt”.

The president did not reveal what particular crimes would be subject to clemency, though the Clemency Act (2010) lists the following crimes as not being applicable for clemency or commutation of sentence: terrorism, murder, crimes punishable by a ‘hard’ in Islamic Shariah, sexual harassment against children, illegal drug trading, rape, sexual assault and homosexuality.

Asked how this will affect the Ministry of Home Affairs’ efforts to end the abuse of drugs, Minister of Umar Naseer responded that the program will not present any difficulties.

“It will not be a hindrance because the present Clemency Act prevents serious offenders from being released. Furthermore, this process will be monitored by the Home Ministry,” he stated.

“An irresponsible political stunt”: MDP

MDP Spokesperson Imthiyaz Fahmy described Yameen’s initiative as “a very irresponsible political stunt”.

“This is a stunt they are pulling off as elections approach – an act without any form or structure. This is a stunt like they used to pull during the Gayoom administration – as every election nears, they’ll let out numerous prisoners and the streets will be teeming with drug abusers. This is a highly irresponsible act on the part of the government,” Fahmy stated.

“There is a huge difference between what this government is about to do, and the MDP’s ‘Second Chance Programme’. The Second Chance program was a structured effort, under which applicable prisoners were released under parole to be under the guardianship of a family member,” said Fahmy.

“They were given trainings in various skills and were provided with employment opportunities. They were monitored constantly and were taken back in when there is a risk of re-offending crimes.”

“Yameen and the people around him were those who most criticised our ‘Second Chance Programme’. And now look at what they are attempting to do. This clemency plan has no structure and will prove detrimental to the society,” he continued.

Fahmy further stated that the incumbent government has also been releasing serious and dangerous criminals, despite the Home Ministry claiming to be working against the drug trade.

“For example, the criminal who goes by the name of ‘Safa’. He is currently roaming about freely in Sri Lanka while authorities like the Anti Corruption Commission have spoken against his release,” Fahmy said.

Second chance

During the administration of former President Mohamed Nasheed, a clemency program under the name of ‘Second Chance’ was implemented, under which prisoners were reintroduced into society under a parole system.

Vice President Dr Mohamed Jameel Ahmed – who served as Minister of Home Affairs during the Waheed administration – shut down the program in March 2012, alleging that the Nasheed government had used it to “release unqualified criminals under political influence and without any clear procedure”.

Later in July, Jameel blamed a “surge in crime” partly on the ‘Second Chance Programme’, stating that over 200 convicted criminals released under the scheme had been returned to prison for re-offending.

Jameel also published a comment piece in local news website Haveeru in September 2011, speaking against the programme and emphasising the importance of granting clemency in accordance with the Clemency Act.

In its 2013 Human Rights Report, the US State Department described Maldivian prisons as generally meeting ‘most international standards’, while they were reported to be overcrowded.

“The Department of Penitentiary and Rehabilitation Services (DPRS) prison system, which had an estimated capacity of 885 prisoners and detainees, had a prison population of 1,050. There were 34 women in the system, as well as 14 boys under age 18. Drug offenders accounted for 47 percent of the prison population,” the report reads.

Monday, March 17, 2014

Driver arrested for sexual assault released

The taxi driver arrested in capital Male on Saturday for allegedly attempting to sexually assault a 21-year-old female passenger has been released on Sunday.

Ali Rasheed, from Haa Alif atoll Muraidhoo, tried to sexually assault the woman hailed down on her way from Social Centre in Maafannu to her home around 7.30 in the evening.

A police spokesperson said that the 56-year-old man was released because the police did not see fit to investigate the case by detaining him. However, the official assures that the investigation is ongoing.

Upon release, the taxi driver had come straight to Haveeru and had denied the accusations. Rasheed also said that it was the woman's effort to defame him.

He asserted that he had not even touched the girl who had come and sat at the front seat, and that whatever he is alleged to have done was a verbal statement.

"I said to her what we say generally to girls her age. I asked her; 'Baby, where do you want to go?' That became disrespectful for her. Or she must have gotten offended by the tone I may have used. Does that make it rape? She got out of the car right when I said it. There were three other girls in the backseat at that time," the driver said.

via Haveeru

Thursday, February 27, 2014

IGMH transfuses HIV positive blood to patient

Indira Gandhi Memorial Hospital (IGMH) has transfused HIV positive blood to a patient due to a technical error in the laboratory, the hospital and Ministry of Health and Gender revealed last night.

According to the hospital, the incident took place on February 3, with discovery of the error not made until February 19. The failure to reveal the incident earlier was, according to IGMH, due to a delay in receiving an internal report on the case.

Conversely, the opposition Maldivian Democratic Party (MDP) had accused the government of covering up the incident so as not to overshadow the government’s celebrations of its first 100 days in office.

At a joint press conference held last night, IGMH Deputy CEO Dr Mohamed Habeeb and Director General at the Ministry of Health and Gender Dr Sheeza Ali apologised for the incident.

Describing it as the “saddest incident in the eighteen year history of IGMH”, Dr Habeeb sad he was sharing the news with “grief and shame” and that he “apologised to the patient, the patient’s family, and all citizens of the Maldives”.

Reassuring that the services provided at the public hospital are safe, Dr Habeeb said the hospital has “state of the art” laboratory equipment and that the incident was caused by the “negligence of an individual”.

After investigating the case it was found that the lab technician was aware that the blood was infected even at the time it was taken, continued Habeeb, adding that the technician had subsequently reported the blood to be clean.

The technician in question has been suspended and the case reported to Maldives Police Service.  According to the hospital, no acts of negligence had been noticed from the technician in his previous seven years of employment.

Speaking at the press conference, Habeeb said the incident had brought some issues within the hospital to light. He assured that those issues would be addressed and all arrangements would be made to prevent any future incidents.

Just yesterday it was revealed that the hospital had been forced to suspend certain surgical procedures after it had been unable to procure the necessary safety equipment.

According to the ministry, immediate treatment has been started for the patient by the government as per WHO guidelines. As all information regarding HIV patients are held as confidential by the state – in accordance to WHO guidelines – no details of the patient or the donor were revealed.

However, local media outlet Haveeru has suggested that the patient is a Maldivian woman and also that she is pregnant.

Cover up and negligence

The MDP has promptly accused the government of a cover up, with a press release issued today accusing authorities of deliberately hiding the issue until the administration’s first hundred day celebrations were over.

“They deliberately kept the news from the public in order to show that those hundred days are not dark and terrifying days”.

The party has compared the cover-up to the murder of prisoner Evan Naseem in 2003, the fallout from which accelerate the country’s democratic reforms.

Condemning the incident, the MDP described it as as a reflection of the current status of health sector in the Maldives, accusing the government of neglecting the health affairs of the people and destroying public trust in the sector.

The party stated that blaming a single individual for the incident was a matter of concern and that the heads of the health sector had not taken responsibility. Despite repeated attempts, at the time of press Minivan News had been unable to get a response from senior figures in the Health Ministry or IGMH, including Minister of Health Dr Mariyam Shakeela.

MDP MP Mohamed ‘Shippe’ Shifaz – a member of the parliament’s government accountability committee – today said  that the Health Ministry would be summoned to the committee regarding the matter.

State minister for Fuwad Gasim said the ministry was trying  very hard to manage the situation and bring about necessary changes.

“Of course we are very much saddened and it shouldn’t happen..but unfortunately it has happened and we will take the necessary action regarding the people involved in it,” he said.

Fuwad also noted the importance of having medical negligence act, saying that – as there is no such law currently in force –  that  medical professionals should be careful.

A medical negligence bill was drafted by MP Rozaina Adam in 2011, though she today explained that the legislation is currently stalled in the Health Ministry.

“I sent it for their comments and it has been with the ministry since then. Another issue was, when it was discussed with medical professionals, they suggested that it should come with another bill related to administration and the health services bill. But that bill was drafted by the ministry,” Rozaina said.

With or without the comments of the ministry, stated Rozaina, the bill will now be sent to the parliament for discussion as soon it returns from recess.

Since the first case of HIV in 1991, 19 cases of HIV have been reported among Maldivians, while the estimations of HIV positive persons are as high as 70 – 100.

The Health Ministry has previously warned about a possible explosion of HIV/AIDS in the country, with high risk behaviour such as drug use and numerous sexual partners a concern.

Tuesday, February 18, 2014

Police arrest three foreigners for illicit sexual activity

The Maldives Police Service (MPS) has arrested three Bangladeshi nationals in the capital Malé last night for engaging ‘illicit sexual activity’.

Two men aged 32 and 34 years, along with a woman of 29 years, were arrested at around 7:30pm after information had been given to Maafannu Police station.

Following the arrest, police found videos of the suspects involved in similar activity.

Police confirmed that sexual activity between foreigners out of wedlock is considered a crime in the Maldives, noting that any reports of unlawful activity will be investigated.

Under Article 173 of the ‘Regulation on the Conduct of Court Proceedings 2003′, a wide range of activities are listed under ‘illicit sexual acts’ without any specific definitions of what comprises an ‘illicit’ sexual act.

It is commonly understood that most sexual acts out of wedlock are considered to be in this category.
The penalty under the article for ‘common’ illicit sexual acts carried out privately is 1 -2 month house arrest , and for ‘serious’ illicit sexual acts carried out privately the sentence is 7 -10 months banishment for men and 7 -10 month house arrest for women.

Homosexual acts and those with a married person, however, result in heavier penalties.

Ways in which a private illicit sexual act can be considered ‘serious’ include the participation of more than two people, photographing of the act, or committing the act in the presence of another person.

Article 190 of the regulation states that, with the exception of flogging, non-muslim foreigners shall be treated the same as Maldivians, while the penal code also makes no exception for foreigners who commit crimes within the jurisdiction of Maldives.

The common practice in cases where foreigners are investigated for illicit sexual acts, however,  is usually deportation without prosecution.

With around one million tourists visiting the Maldives each year, there are no known cases where tourists have been prosecuted for private ‘illicit sexual acts’. Marriage certificates are not a requirement for visiting honeymooners, which surveys suggest comprise nearly a quarter of visitors to the country.

Police have recently looked into such acts allegedly carried out by Maldivians at a Sri Lanka nightclub, while last month President Abdulla Yameen returned the sexual offences bill to parliament, citing the inclusion of ‘unislamic’ provisions.

Wednesday, January 15, 2014

President Yameen vetoes sexual offences bill

President Abdulla Yameen has returned the sexual offences bill passed by parliament last month for reconsideration.

According to the President’s Office, in a letter to the speaker of parliament, President Yameen provided details of issues noted by the Attorney General after reviewing the legislation (Dhivehi).

“The bill containing some provisions that are contrary to Islamic Shariah and Islamic principles was among the reasons considered for returning the bill,” the President’s Office stated.

Under article 91 of the constitution, within 15 days of receipt the president could either assent to a bill or “return the bill for reconsideration of the bill or of any amendment proposed by the president.”

The sexual offences bill was passed on December 30 with 67 votes in favour out of the 69 MPs in attendance.

Following the passage of the bill, Vice President of the Fiqh Academy Dr Mohamed Iyaz Abdul Latheef condemned the conditional recognition of marital rape as a crime and called on MPs who voted in favour to repent.

“With the exception of forbidden forms of sexual intercourse, such as during menstrual periods and anal intercourse, it is not permissible under any circumstance for a woman to refrain from it when the husband is in need,” Dr Iyaz had said on a local Islamic question and answers website.

While the bill did not categorically criminalise marital rape, it allowed for four exceptions: while a case for dissolution of the marriage is in a court, while the divorce filed by either husband or wife is pending a court, sexual intercourse to intentionally transmit a sexually transmitted disease, and during a mutually agreed separation (without divorce).

Dr Iyaz however contended that a woman must still show “complete obedience to her husband” even if she had filed for divorce.

Moreover, in cases of a revocable divorce, a man can renew the marriage during the waiting period (i’ddah) by having sexual intercourse. The woman’s consent would not be necessary in such cases, he argued.

He added however that the woman would have the right to go to court if the man’s intention of resuming the marriage was abuse.

Dr Iyaz is currently campaigning for the Hulhuhenveiru parliament seat on behalf of the religious conservative Adhaalath Party.

The contentious bill was drafted and submitted in October 2012 by now-Progressive Party of Maldives MP for Kulhudhufushi South, Mohamed ‘Kutti’ Nasheed. Nasheed wrote in the draft legislation that it was not intended to replace Shariah, explaining that it did not preclude application of a Shariah penalty for an offence specified in the bill.

The proposed law covers sexual offences ranging from adultery, homosexuality, incest, bestiality and necrophilia.

A 2007 study by the Ministry of Gender and Family revealed that 58.2 percent of female respondents agreed that they were obliged to have sex with their husbands, whilst 29.3 percent of women believed it was acceptable for a husband to beat his wife for refusing sex.

Wednesday, January 1, 2014

Majlis passes Sexual Offenses, and Social Protection bills

The People’s Majlis has passed the Sexual Offense Bill and the Social Protection Bill ,sending them for ratification by the president.

The Sexual Offenses Bill was passed with a majority vote of 67 from 69 members who took part. The Social Protection Bill was was passed unanimously with 69 votes.

A third bill – the third amendment to the Employment Act – was also passed in the final sitting of the third session of the Majlis on 30 December 2013. The amendment was brought to chapter five of the act regarding the employment of foreigners.

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