Identifier
Created
Classification
Origin
04COLOMBO1737
2004-10-20 12:15:00
CONFIDENTIAL
Embassy Colombo
Cable title:  

MALDIVES: GOVERNMENT READYING CHARGES AGAINST

Tags:  PGOV PHUM MV 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
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
---------

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