The Ministry of Foreign Affairs for the Republic of the Maldives responds to Amnesty International's statement by disclosing the full measure of the efforts taken to ensure the protection of Human Rights in the Maldives and specifically the case they refered to.
Wednesday, January 11th 2011, Male
The Foreign Ministry of the Republic of the Maldives today issued the following response to recent press releases from Amnesty International regarding the arrest, detention and release of Mr. Ismail Khilath Rasheed:
“Mr. Ismail Khilath Rasheed, a Maldivian national, was released from police custody on January 6th 2012.
He had been held in police custody since December 14th 2011 following his arrest for his involvement in an unlawful assembly held on December 10th in the capital, Male.
Following his arrest, Mr. Rasheed was treated in full accordance with his human rights as guaranteed under domestic law (specifically articles 46-49 of the Constitution) and international law. He was afforded access to a lawyer and his detention was in compliance with the law – he was informed of his rights, he was brought before a judge within 24 hours of his arrest, and his detention was twice extended by the courts following requests by the Maldives Police Service.
While holding him in detention, the police also launched an investigation into the contents of an internet blog authored by Mr. Rasheed on the issue of freedom of religion in the Maldives. The Constitution of the Maldives, produced according to democratic principles and reflective of the will of the Maldivian people, affirms that Islam is the religion of the State of the Maldives. The Constitution does not allow for freedom of religion. The Maldives is a State Party to the International Covenant on Civil and Political Rights but maintains a reservation under Article 18 on freedom of religion and conscience. The basis of the police investigation into Mr. Rasheed's blog was therefore reflective of and in accordance with domestic law and with the Maldives' international human rights obligations.
Mr. Rasheed was released Friday 6th January after the investigation into his involvement in the protest concluded with no charges against him.
The Government notes with concern allegations that Mr. Rasheed was violently attacked by a gang of men during the course of the protest.
The right to freedom of assembly is enshrined in Maldivian law. However, under the law, while it is not necessary to seek authorization for assemblies from the authorities (in line with international human rights norms), it is necessary to inform the authorities so that protests can be effectively policed - based on the need to protect both those protesting and to protect other members of the public.
Mr. Rasheed and others participating in the December 10th gathering did not comply with these legal requirements, a fact which unfortunately contributed to the breakdown of law and order on that day when the protesters were violently attacked. The Government condemns all violence, including the violent acts perpetrated against Mr. Rasheed. The Government however also regrets that Mr. Rasheed did not inform the authorities about the protest – a step which would have allowed the police to maintain order and protect him and other members of the public.
Notwithstanding, the Government is committed to upholding human rights and the rule of law in the Maldives, and is determined that anyone who commits a violent act in the country should be held accountable. We therefore call on relevant national institutions, including the Maldives Police Service and the Human Rights Commission, to investigate the allegations of violence relating to the events of December 10th.
The Government also takes note of comments made by Mr. Rasheed in the press regarding mistreatment while in detention. The Foreign Ministry notes in this regard that, as a State Party to the Convention against Torture (CAT) and its Optional Protocol (OPCAT), a national mechanism exists to investigate such claims and related issues such as conditions in places of detention – namely the National Preventative Mechanism (NPM). The Foreign Ministry therefore expresses its confidence that the NPM will immediate look into the claims made by Mr. Rasheed and will publish its independent findings.
In conclusion, the Government of the Republic of the Maldives welcomes Amnesty International's interest in and engagement with human rights issues in the Maldives. The current Government has a strong and positive relationship with Amnesty International at both a domestic level and at the level of the UN, and looks forward to a continued constructive dialogue with them and with other international human rights NGOs.
