MIXED MESSAGES FROM MALDIVES: GOVERNMENT MOVES

C O N F I D E N T I A L SECTION 01 OF 04 COLOMBO 001953

SIPDIS

STATE FOR SA/INS
USPACOM FOR FPA

E.O. 12958: DECL: 11/13/2015
TAGS: PGOV PHUM MV
SUBJECT: MIXED MESSAGES FROM MALDIVES: GOVERNMENT MOVES
AHEAD WITH OPPOSITION TRIAL, JUDICIAL REFORM

REF: A. COLOMBO 1881


B. COLOMBO 1878

C. COLOMBO 1824

D. COLOMBO 1716

Classified By: AMB. JEFFREY J. LUNSTEAD. REASON: 1.4 (B,D).

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SUMMARY
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1. (C) During a November 9-11 visit by polcouns and Sri
Lanka/Maldives Desk Officer Molly Gower to Maldives,
discussions with government and opposition figures revealed a
now-familiar mix of signs of progress--if intermittent and
faltering--toward democratic reform, along with some
disturbing indications that the road ahead may continue to be
bumpy and marked by frequent detours. Polcouns and Desk
Officer visited opposition activists Jennifer Latheef in
prison and Mohamed Nasheed under house arrest; both appeared
to be in good health and spirits and expressed optimism that
their cases would be dropped. Foreign Minister Ahmed Shaheed
expressed his personal view that the Maldivian government
should revise its Middle East policy and consider giving
Israel diplomatic recognition. End summary.

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PAY NO ATTENTION TO THE MAN UNDER HOUSE ARREST;
JUDICIAL REFORM PROCEEDING
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2. (C) During a November 9-11 visit by polcouns and Sri
Lanka/Maldives Desk Officer Molly Gower to Maldives,
discussions revealed a government intent on rectifying its
bruised image after international criticism of the harsh
10-year sentence levied against Jennifer Latheef, the
daughter of an opposition figure (Ref C),and the ongoing
terrorism trial of Mohamed Nasheed, another opposition leader
now under house arrest. In particular, Government of
Republic of Maldives (GORM) interlocutors seemed stung by a
report issued September 28 by a delegation from the UK Bar
Association indicting the Maldivian judicial system for
serious deficiencies. They complained that international
misunderstanding of the peculiar Maldivian justice
system--and the "draconian" laws that mandate heavy prison
sentences for seemingly minor offenses--had skewed
perceptions of cases against Latheef and Nasheed as being
politically motivated. GORM officials with whom polcouns and
Gower met insisted that the reform process remains on
track--if delayed in pulling into the station--and cited a
new initiative to increase the independence of the judiciary
as proof of President Maumoon Abdul Gayoom's good intentions.



3. (SBU) In a November 9 meeting in Male', Foreign Minister
Dr. Ahmed Shaheed emphasized that the government realizes
that the need for reform is more urgent than ever now that
people are experiencing post-tsunami economic distress. "We
are at a crossroads," he declared; the time for mere cosmetic
change is over. Since the general public, as well as
politicians themselves, are not well informed about rights
and responsibilities in a democratic system, Shaheed
observed, voter education is a priority for the GORM.
Lamenting that the "official channels" for instituting reform
had not proven effective (i.e., the Special Majlis),Shaheed
indicated that the GORM is seeking unofficial fora for
dialogue "out of the media focus" with other parties on all
proposed amendments to the Constitution. The first topic up
for multi-partisan dialogue: a proposed Political Parties
bill drafted with input from the Commonwealth and UNDP.
(Note: The opposition Maldivian Democratic Party, or MDP,
reportedly attended the first sessions on the draft bill but
walked out of the third. Meaningful debate on a proposed
political parties bill without the participation of the
largest political party may be difficult to achieve.) Other
important legislative initiatives the Foreign Minister cited
include a proposed Media Freedom bill and a draft police
powers act now before the People's Majlis for ratification.


4. (SBU) In separate meetings, Foreign Minister Shaheed,
Justice Minister Dr. Mohamed Jameel Ahmed and Government
Spokesman Mohamed Shareef each highlighted the upcoming
announcement of an independent Judicial Services Commission
as an important reform. (Note: The Government subsequently
announced the establishment of the Commission on November
12.) The Commission, whose members are appointed by the
President, will have authority over all matters related to
the hiring, firing, transfer and salary of judges. In
addition, the Commission will function as an ombudsman for
the judiciary, according to Shareef, with a mandate to "look
into" judges' conduct and safety. Shareef stressed the
formation of the Commission as an important first step into
the separation of the judiciary from the executive, a process
which he predicted would take one year to conclude.


5. (C) Shaheed, Shareef and Jameel each lambasted the
September 28 statement by Sir Ivan Lawrence, a senior human
rights lawyer and Queen's Counsel who led a UK barristers'
fact-finding delegation to Maldives at the end of September,
as factually inaccurate and biased. (Note: Sir Ivan came at
the invitation of the MDP but spoke with government
representatives, including the Justice Minister and Attorney
General, while in Maldives. Many of his recommendations
dealt with the upcoming--and politically sensitive--trial of
MDP leader Mohamed Nasheed.) "We recognize the shortcomings
and deficiencies" in the judicial system, Jameel said, but
complained that "everyone wants to discredit the (reform)
process." Limited human resources impose their own
constraints, he noted; Maldives' lack of adequately trained
judges and lawyers is not a problem that can be solved
instantaneously. In an effort to remedy this deficiency, the
GORM has sent 18 students to study law in Malaysia, he
reported. When asked for GORM views of other recommendations
in the UK barristers' report, e.g., that an independent
Commonwealth judge preside over Nasheed's trial, GORM
interlocutors indicated that the Attorney General was still
weighing these and other suggestions offered by Sir Ivan.


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DISSIDENT VIEWS OF THE REFORM PROCESS
FROM AN ISLAND PRISON AND HOUSE ARREST
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6. (C) On November 10 polcouns and Desk Officer visited
Jennifer Latheef, who was sentenced on October 18 to 10 years
in prison on Maafushi Island (Ref B). Although officials
from the Foreign and Home Ministries accompanied polcouns and
Desk Officer on the boat ride out to the island, they did not
sit in on the meeting with Latheef, which was conducted in
privacy. Latheef, whose father is MDP Spokesman Mohamed
Latheef, reiterated that the prosecution had not presented
convincing evidence at her trial to support the charge that
she had incited violent demonstrations in Male' in August

2003. (Like us, she had been told the government had
videoptaped evidence implicating her, but she said she never
saw the much-cited videotape and it was never presented in
court.) She reported no mistreatment while on Maafushi and
said that that she had adequate food and medical care and had
been given access to reading and writing materials. Her
family can send her supplemental food and medicine, she
reported, but the goods must be on an "approved" list
prepared by the Department of Corrections. She shares
dormitory-like accommodations with six other female inmates
convicted of narcotics offenses. Latheef says she, like
other prisoners on the island, is permitted one three-hour
visit from her family per month and two telephone calls per
month. She is contemplating filing an appeal, but wondered
rhetorically what good it would serve, if the judicial system
remained so heavily influenced by Gayoom. Her greatest
complaint was the lack of recreational facilities (male
inmates have access to a gym; prison authorities said they
plan to set up a badminton net for the women, who have only a
small yard in which to exercise) and meaningful
rehabilitation for her fellow inmates (all of whom, according
to Latheef, are heroin addicts--a habit they keep up in
prison). She seemed in good health and in reasonably good
spirits.


7. (C) Polcouns and Desk Officer also visited Mohamed
Nasheed, who is under house arrest, later the same evening.
(Nasheed, whose trial began on October 27, was transferred to
house arrest in Male' on November 1. His lawyer has asked
for a 90-day adjournment to prepare his defense; the judge
has not yet ruled on that request.) Nasheed was upbeat about
prospects for the MDP, which is preparing to hold a party
congress to select new leadership in December, noting that a
pro-Gayoom MP had just "crossed over" to join MDP's ranks. In
addition, former MDP supporter-turned-Finance Minister Qasim
Ibhrahim is "not happy" with his government post and has been
"sending out feelers" about a possible reunion with the
opposition, Nasheed claimed. MDP grass-roots organization of
island branches is proceeding apace, he reported, adding, in
a triumphant aside, that Gayoom's rival DRP (translated as
the Maldivian People's Democratic Party) had no similar
network. The MDP had been holding council meetings in
Nasheed's home until that was banned the previous week, he
said, adding that the current terms of his house arrest do
not allow him to receive visitors, except for his attorney.
(Comment: This ban appears to be somewhat laxly enforced.
Nasheed had another visitor the same time that polcouns and
Gower showed up. Nasheed acknowledged he continues to
receive regular visits from party faithful despite the ban.)


8. (C) "A lot has happened over the past two years" to
promote democracy, Nasheed observed (for once sounding
uncharacteristically like his GORM counterparts). That said,
he brushed away any discussion of preparation for his trial,
saying, "I don't expect justice." What he does seem to
expect, however, is that the charges against him will end up
being dropped. He reported receiving several calls from the
Attorney General suggesting that they "talk," which he
believes indicates the GORM is seeking to make a deal with
him. He continues to deny ever making any violent threats
against the government or President Gayoom.


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HUMAN RIGHTS COMMISSION:
NEW HEAD TO BE APPOINTED
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9. (SBU) The Maldivian Human Rights Commission (MHRC) has
been basically non-functional since the August 18 resignation
of its head Dr. Ahmed Mujuthaba over disagreement about the
contents of the draft bill establishing the Commission.
Another two commissioners resigned after Mujuthaba, and the
Commission has not met--or conducted any prison visits--since
August. Government Spokesman Shareef said President Gayoom
was faced with a "conundrum" when the Majlis refused to
accept key parts of the bill that would have made it
compliant with UN principles. Since the President had called
for the formation of the MHRC, Shareef reasoned, how could he
hold up the bill that formally establishes it? As a
compromise, the President decided to let the bill be ratified
by the Majlis and then invite the MHRC to draft the first
amendment to it. The appointment of a new MHRC head, former
Commission member Dr. Ahmed Saleem, will be announced
November 24, Shareef reported.

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REFORMING FOREIGN POLICY?
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10. (C) At the end of his meeting, Foreign Minister Shaheed
mentioned casually that it was his personal view that the
GORM should revisit its policy on the Middle East in an
effort "to be more balanced and open." He said he was even
contemplating the possibility of extending diplomatic
recognition to Israel, but cautioned that he had not taken up
the question with the President.

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COMMENT
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11. (C) Maldives is a small country, and international
opinion reverberates loudly there. The international
criticism the GORM earned by sentencing Jennifer Latheef to
10 years in prison on questionable charges, as well as its
detention of Mohamed Nasheed on apparently equally tenuous
grounds, is an obvious sore point. Whether it hurts enough
to convince the GORM to review its dubious cases against the
detained activists remains a key question. For now, the GORM
seems to be hoping that a few well-spaced initiatives from
time to time, like sandwiching the announcement of the
Judicial Services Commission between the Latheef sentencing
and the Nasheed trial, will appease the international
community while allowing Gayoom to proceed with reform on his
terms and at his own pace. We need to let the GORM know we
will continue to applaud genuine reform efforts in Maldives
when we see them (and the Judicial Services Commission seems
like a step in the right direction),but will nonetheless
press for improvements where we see deficiencies--as in the
Latheef trial and sentencing. In particular, we should keep
up the pressure to ensure Nasheed an impartial trial. We
have not heard Shaheed's views on possibly changing policy
toward Israel and the Middle East expressed by anyone else in
the Government, but would be surprised if his seemingly
casual reference were as unscripted as he implied. Shaheed
works closely with Gayoom, and the comment could reflect a
matter under active consideration by the President. The
Government's decision to support the Holocaust Resolution
(Ref A) may offer a similar indication of current thinking.
(Note: At the behest of the Israeli Ambassador to Sri Lanka,
resident in New Delhi, Ambassador has raised previously with
the Maldivian MFA the possibility of establishing informal
Maldives/Israel contacts. Ambassador will follow up on
Shaheed's comments during his next visit to Maldives. End
note.)
LUNSTEAD