C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO 001956

SIPDIS

DEPARTMENT FOR SA, SA/INS
NSC FOR DORMANDY

E.O. 12958: DECL: 12/07/2014
TAGS: PGOV PHUM PREL MV
SUBJECT: MALDIVES: GOVERNMENT LEVELS SERIOUS CHARGES AT
PROMINENT MPS

REF: COLOMBO 1912 AND PREVIOUS

Classified By: James F. Entwistle, Deputy Chief of Mission. 1.4 (b,d)


1. (C) Summary: The Maldivian government has charged four
prominent MPs involved in the August 12-13 civil unrest for
attempting to overthrow the government. Among those charged
is one pro-reform MP who has filed to contest the December 31
People's Majlis elections. The four MPs remain under house
arrest. Government officials could not speculate on when the
trials would start, but stressed that the "legitimacy" of the
process is paramount. Separately, the government is
concerned that opposition elements will try and disrupt the
elections. The severity of the charges against the MPs,
which could entail a life sentence for those found guilty,
seems an obvious effort by the GORM to quell genuine dissent
and could set the stage for an even greater confrontation
with pro-reform forces. End Summary.

Detained MPs charged
--------------


2. (C) In a December 6 conversation with poloff, Chief
Government Spokesman Dr. Ahmed Shaheed stated that the
Government of the Republic of Maldives (GORM) filed charges
on December 5 against several MPs detained in connection with
the civil unrest of August 12-13. He said that four MPs had
been charged under Article 29 of the Maldivian Penal Code,
with indictments amounting to "conspiracy to overthrow the
government." Speaking with polchief on December 7, Attorney
General Dr. Ahmed Saeed said that convictions under Article
29 can carry sentences ranging from 10 years imprisonment or
banishment to life imprisonment. Saeed added that more
people could be charged under Article 29, but that the GORM
was "wanted to minimize" the number, given the severity of
the possible penalty.


3. (C) The names and status of the four MPs charged follow.
-- Ibrahim Zaki: an elected member of the regular Majlis and
former SAARC Secretary-General. His continuing house arrest
was recently extended by 15 days (until December 14).
-- Dr. Mohamed Munavvar: another elected Majlis member and

former GORM Attorney General, who was charged jointly with
Zaki. His house arrest, extended for 10 days, is set to
expire on December 9, 2004.
-- Gasim Ibrahim: an elected member of the Special Majlis
and resort owner (well-known to the Embassy), who was charged
separately. His house arrest is also scheduled to expire on
December 9, 2004.
-- Ibrahim Ismail: also elected to the Special Majlis and
now a candidate for the regular Majlis elections on December

31. Ismail is one of only three pro-reform detainees who had
actually filed the paperwork needed to contest the December
31 People's Majlis elections. His detention has been
extended by 30 days, which virtually prohibits him from
campaigning. Saeed acknowledged that Ismail "cannot
personally campaign, but his followers can."


4. (C) Regarding a timeline for the MPs' hearings and
trials, neither Shaheed nor Saeed could give a definitive
response. Shaheed thought that their trials would not begin
before January, adding that the first step would be for each
individual to be brought before the judge to enter a plea.
Saeed speculated that the courts, which face a seasonal rush
at the end of the year anyway, were unlikely to schedule
hearings before the new year. He further stated that the
GORM had decided to have the MPs' cases tried in criminal
court to give the defendants recourse to two appeals
processes. Separately, Shaheed stated that the government
had a desire to "strengthen the legitimacy of the trial
proceedings" (a legitimate concern given the fact that GORM
evidence for these cases appears to have been compiled during
a state of emergency that suspended the detainees' civil
rights and access to counsel). Voicing his personal opinion,
he said he hoped for international judicial advice for the
trials or the presence of international observers during the
proceedings.

5. (C) In a December 7 conversation, UNDP Resident
Representative Moez Doraid commented that the charges, while
expected, have contributed to people's skepticism of the
GORM's commitment to change. In his opinion, there are no
charges more serious than those under Article 29. In the
context of the Special Majlis -- convened to amend the
constitution presumably to allow for more democratic reforms
-- these charges have not been well received against four of
its MPs, he said.

Few remain in detention
--------------


6. (C) As of December 7, 11 individuals remain under some
form of detention as a result of the events of August 12-13:
seven (including the four MPs charged) under house arrest and
four in detention in Dhoonidoo. Dr. Shaheed seemed to
indicate that one of those still in prison had been found
with literature related to killing President Gayoom. When
queried if the government would consider re-arresting
Munavvar and Gasim, whose detention expires in two days, the
Attorney General responded that GORM would decide "in a day
or two." He also expected the government to "establish a
system of bail within a couple of days," although the court
would have to decide if individuals facing Article 29
indictments would be eligible for bail.

GORM concern for upcoming elections
--------------


7. (C) Shaheed also shared his concern regarding the
upcoming Majlis (parliament) elections, scheduled for
December 31. He felt that the opposition group, the
unregistered Maldivian Democratic Party (MDP), would try to
cause disturbances during the election. Shaheed said the MDP
knows it will not win a majority in the December elections,
but the government is afraid the group will try to "challenge
the results in the streets." In his view, once the elections
occur, the government can implement its reform agenda
unimpeded. Therefore, anti-reform elements (which, in his
view, includes the MDP) will try to destabilize the
elections, he felt.


8. (C) Reiterating the GORM's commitment to "free and fair
elections," Shaheed said that the Commonwealth, SAARC and the
UN Human Rights Commission in Geneva had all been invited to
be election monitors. (Note: SAARC has historically
monitored parliamentary and presidential elections in
Maldives, and we have also heard that the Commonwealth has
agreed to send monitors. There is no confirmation, at
present, of any planned UNHRC delegation from Geneva. End
Note.) Separately, Maldivian Human Rights Commission (HRC)
Chair Ahmed Mujuthaba told poloff on December 7 that said the
Maldivian HRC is hiring and training 20 Maldivians to monitor
the December 31 elections.

Comment
--------------


9. (C) Government officials have cautioned since August
that serious charges might be leveled against those they
believed responsible for the civil unrest. While the
severity of the charges is not a surprise, especially given
the continued detention of these four prominent MPs, the
indictments do not help the GORM's fragile credibility about
its commitment to reforms. The MPs charged so far were the
leaders of the reform process who, at least until their
detentions, were likely shoe-ins for election to the People's
Majlis. In all likelihood, the government's actions in
charging the four MPs, far from advancing reform, have
probably set the stage for a larger showdown. End Comment.

LUNSTEAD