MALDIVES: GOVERNMENT READYING CHARGES AGAINST

C O N F I D E N T I A L SECTION 01 OF 03 COLOMBO 001737 SIPDIS STATE FOR SA/INS E.O. 12958: DECL: 10/19/2014 TAGS: PGOV PHUM MV SUBJECT: MALDIVES: GOVERNMENT READYING CHARGES AGAINST SOME DETAINEES REF: A. COLOMBO 1718 ¶B. COLOMBO 1686 Classified By: DCM JAMES F. ENTWISTLE. REASON: 1.4 (B,D). -------------- SUMMARY -------------- ¶1. (C) The Government of the Republic of Maldives has filed charges against three individuals who had been detained after the civil unrest of August 12-13; more charges, including some against Members of the Special Majlis, are expected to be filed soon. All of the remaining 43 detainees are expected to be either released or transferred to house arrest within a week, according to the Attorney General. He confirmed, however, that the filing of charges will not prevent individuals from contesting elections to the People's Majlis, now scheduled to be held the end of December. The Government has already instituted several of the Ambassador's recommendations to improve conditions for detainees (Ref B). End summary. -------------- SPECIAL MAJLIS SESSIONS TO CONTINUE; PEOPLE'S MAJLIS ELECTIONS IN DECEMBER -------------- ¶2. (SBU) The Special Majlis has not met since the election of the Speaker and Deputy Speaker on October 14 (Ref A). The next meeting is scheduled for October 25. During that session, the MPs will appoint a committee to draft rules of procedure for the body, according to Chief Government Spokesman Dr. Ahmed Shaheed. Once those rules are drafted and approved, "substantive discussions" about reform can begin, Shaheed said. In addition to the draft Constitution proposed by President Gayoom, the Special Majlis has received about four or five complete proposed drafts, including one authored by the Human Rights Commission, and an equal number of partial drafts. Shaheed emphasized that the Special Majlis is under no obligation to accept Gayoom's draft as its model. ¶3. (SBU) The Special Majlis will remain in continuous session until its task of endorsing proposed reforms to the Constitution is completed. Since half of the MPs in the Special Majlis are Members of the People's Majlis as well, upcoming elections to the People's Majlis scheduled for the end of December will temporarily interrupt the sessions, Shaheed cautioned, imposing "an enforced recess" from the elections in December until the first sitting of the People's Majlis in February. Nominations are already being accepted by the Elections Commission, Shaheed reported, with campaigning expected to begin in mid-November. ¶4. (C) UNDP Resident Representative Moez Doraid told poloff that Shaheen Hameed, elected on October 14 as Deputy Speaker of the People's Majlis (Ref A),is a lawyer and member of the Law Society in Maldives. According to Doraid, Shaheen is a young guy with "somewhat of a reform track record." Doraid added that Shaheen was involved in drafting the Law Society's Constitutional Reform report -- a UN-sponsored project that included international technical experts -- that was submitted to President Gayoom in June. Although Shaheen is Gayoom's nephew, Doraid feels that the Deputy Speaker's experience could be helpful as the Special Majlis' work moves forward. -------------- STATUS OF DETAINEES -------------- ¶5. (C) Shaheed confirmed that as of October 17, six of the seven Special Majlis MPs who remain in detention have already had at least one meeting with their respective attorneys. (The exception is former Attorney General Mohamed Munavvar, who initially declined his right to counsel. He has since changed his mind, Shaheed indicated, and is expected to meet with his lawyer soon.) Following the Ambassador's recommendations (Ref B),President Gayoom issued orders to improve conditions for the detainees, including increased opportunities for exercise, less restricted family visits and access to reading and writing materials. Attorney General Dr. Hassan Saeed confirmed to us on October 20 that reading materials have been provided and that he had directed prison officials to "accelerate family visits." ¶6. (C) The Attorney General told us that as of October 20 about 43 individuals, including 7 Special Majlis MPs, remain in detention in connection with the events of August 12-13. He expects that 13 or 14 detainees will either be released or transferred to house arrest by October 21. The remaining detainees will be either released or transferred to house arrest "in a matter of a week." Charges "along the lines of unlawful assembly" have been filed against three former detainees (none of whom are Special Majlis MPs),the AG reported; he anticipates charges against other detainees, including some Special Majlis MPs, will be filed soon. Nonetheless, he added, any Special Majlis MP charged with a crime but released from prison can attend the Special Majlis sessions. -------------- RUNNING FROM HOME? -------------- ¶7. (SBU) According to both Shaheed and the Attorney General, individuals charged with a crime (as some of the detained Special Majlis MPs are apparently likely to be) may still run in the People's Majlis elections scheduled for December. (Those convicted of a crime cannot.) Those that may be held under house arrest can appeal to the detaining authority, i.e., the newly created police force, for permission to campaign and/or attend parliamentary sessions. (The Attorney General seemed to indicate that attendance of parliamentary meetings would be allowed.) In the event that such permission is not granted, the candidate technically can still run for office, although his ability to campaign will obviously be limited. -------------- THE VIEW FROM THE OPPOSITION -------------- ¶8. (C) In an October 20 conversation with poloff, Mohamed Nasheed, a Colombo-based member of the opposition Maldivian Democratic Party (MDP),said that the opposition is focusing on three major issues, starting with the release of the MPs. Secondly, the group is intent on influencing the upcoming debate in the Special Majlis on the rules of procedure. Nasheed said that the MDP wants the rules to specify that the Special Majlis will meet regularly -- not at the whim of the government -- and therefore create a timeframe for any proposed amendment. Last, the MDP is committeed to continuing public fora and peaceful rallies on the subject of political reform. Nasheed said he wants the government to set clear guidelines for demonstrations so that groups can operate within them. For example, two people were arrested in recent days for gathering at a rally point, according to Nasheed. Separately, Nasheed confirmed that MDP leader Mohamed Latheef (an Embassy contact who lives in Colombo) had had a heart attack and is now in a Colombo hospital. Two of Latheef's children will reportedly be allowed to come from Maldives to visit him. (One of his daughters remains in detention in Maldives.) -------------- COMMENT -------------- ¶9. (C) In the wake of the Ambassador's October 6-7 visit, the Maldivian government finally seems to be moving expeditiously to charge and/or release the remaining detainees. If true, that is good news. That said, we expect that some, if not all, of the MPs who remain in detention, including Presidential rival Ibrahim Gasim, to face charges somewhat more serious than "unlawful assembly." While the filing of charges may not automatically disqualify a candidate from competing in the upcoming election, the psychological and physical conditions of some of President Gayoom's more prominent political foes, including Special Majlis MPs Gasim and Ibhrahim Zaki, after prolonged periods in solitary confinement will surely affect their fitness to campaign. While we have had no chance to review the cases the government says it has compiled against these suspects, we have cautioned the Government at the very highest levels (Ref B) that the credibility of "evidence" obtained under a state of emergency will likely be questioned by both the international community and average Maldivians. However much the Government may wish to return to the status quo before August 12-13, the pervasive desire for change--and increasing popular skepticism of Government intentions (Ref A)--may be growing too strong for the Government to control. LUNSTEAD