First of all for those of you who may have missed the previous articles on the ongoing fight with the Commissioner of Police Brigadier Adam Zahir and me, let me first of all give you a summary of the event.
On May 5, 2007 I gave an interview to Al-Jazeeraa accusing the Maldives Police Services for intentionally propagating the proliferation of drugs in the Maldives.
Exactly on June 5, officials of the Drug Enforcement Unit of the Maldives Police Services raided my home without showing any identification or a warrant or authorization note by the authorities.
I was taken to the Male' Custodial Unit and made to wait until the investigation team arrived.
The police handed me a document which advised me of the reason giving details as to why I was being detained. This is in accordance with the regulation set by the police. A person has to be advised of the reason for his arrest within 24 hours from the moment of his arrest. I signed the document and affixed my signature.
This document has to be given to me by the police – everyone else arrested at the same time was given the document – whereas the police failed to provide me with a copy of the same.
The document stated that sometime around 1830 hours on June 5, 2007, on a tip from the public, a team from the DEU (Drug Enforcement Unit) raided a room at M. Fadigge'. ( For the readers information M. Fadigge' is on Carnation Magu, Male. ) There were 3 people in the room in addition to me and they suspected that we were in a state of intoxication. On checking my person they found 4 polythene packets in my fist which contained a brownish powder which they suspected was drugs. I was being detained on suspicion of using drugs. I immediately signed the document and affixed my fingerprint to it.
First of all they requested for a sample of my urine.
My response: "Please give me my legal rights before we proceed with the investigation."
I refused to co-operate until my demand was met, which I failed to get.
On June 6, 2007 the investigation team finally arrived and I was taken in for questioning. I had been told I'd be unable to relieve my bladder unless I agreed to give a urine sample.
"I will receive a command from far higher up than you and then I'd be able to go to the toilet." I told the investigator, a youth named Shahid from Huvarafushi Island.
Just as he began questioning I began to feel the need to the toilet.
My physical self works in accordance with certain natural laws that all human beings are subject to and therefore I told the investigator:
"I've received the command. My stomach is upset and I need to go to the toilet. Whether you give me permission or not I'm going to the toilet. Trying and stop me if you can."
The investigator made a gesture to the policeman next to him and he accompanied me to the toilet where I relieved myself.
Once I returned to the investigation room Shahid began questioning me.
"You cannot question me without giving me my legal rights. Period"
The police failed to provide me with my legal rights and hence the investigation came to a dead-end and after 43 days in the Male' Custodial Unit; I was released without any explanations whatsoever.
The following day I took a flight to Colombo. After 5~6 days of relaxing I returned Back to the Maldives.
Having decided that I'd be unable to continue writing for the simple reason of having to spend a large part of my time at the Male' Police Custodial, on October 3, 2007 I decided to leave to Karachi. While I was about to pass the Immigration counter, my passport was confiscated and my luggage offloaded the plane.
According to the Immigration officials the restriction order was issued by the Department of Penitentiary.
The following day I checked with the Penitentiary Department and was told I wasn't under any kind of sentence. Perhaps had I been sentenced in absentia it may fail to register in their computers, I was told.
Next I checked the bulletin board at the criminal court for those sentenced in absentia. My name wasn't on the list and even last week when I checked the board my name had yet to appear on the board.
Following a logical thread, I checked with the Attorney General's office and they confirmed that 2 cases of mine were sent to the criminal court.
Once again I was back at the criminal court and after my non-relenting efforts, the girl behind the counter agreed that I was sentenced on 2 counts in absentia on September 9, 2007. I had not received a summons to attend the court nor had my name been announced on the radio or TV as a missing person.
I was sentenced for life imprisonment in jail (25 years) and an additional 4 months for disobedience to order.
The next step was to request for the case documents from the court. After complying with the court's bureaucratic requirements I was given the documents.
The court documents stated that I was found standing outside the door of M.Sadikuge, in a state of intoxication, in the lane opposite the shop named 'Items' with another person. On checking my person they found 4 polythene packets containing a brownish powder like substance in my right fist. According to the lab reports the 4 packets contained 1.5688 grams of opiates. Therefore that it was the decision of the court since witnesses – the witnesses in this case were several policemen - who under oath had given evidence against me in court and therefore it was the decision of the court that I had retained illegal substances in my hand with intent to sell. The sentence: 25 years in jail.
Four months sentence was accorded for having objected to give a urine sample requested by the police.
The case defies logic for the simple reason that I was not taken from a room in M.Fadigge' on Carnation Magu as the police claimed but I was taken from my home at M. Midhilimaage. I live in a one-room apartment in the lane opposite the "Items' shop which is on a different street named Shaariuvarudhee in Male' and insofar as I'm aware there is no such address named M. Sadikuge' in the lane opposite the 'Items' shop.
On October 21, 2007 I put in a request directly to the Maldives Police Services for the document that advised me of the reason for my detention and duplicated the same request through the Human Rights Commission of the Maldives.
The HRC has given me a reply today. They have been given a copy of the document with instructions to withhold the document from me. Apparently regulations have changed; this document is no longer given to the defendent. Period.
As re-stated earlier this one document would prove that the police are out to frame me as they have tried several times in the past. They have tried to pin a charge for attempted murder during the year 2000 and they had lodged charges against me through the Interpol Branch of the Sri Lankan CID for gun-running and illegal radio broadcasting in December 2005. On both these occasions the Maldivian government was discredited for failing to prove the charges.
And now I am faced with another dilemma. I went down to the High Court in order to submit my appeal contesting the government's charges for illegal possession of drugs with intent to sell and of course the disobedience to order charges.
The High Court refused to accept my appeal on the grounds that the documents need to be stamped by the Department of Penitentiary as I was under sentence.
I went down to the Penitentiary Department and was told that they had yet to receive notification of my sentence and therefore they could not stamp the documents.
The authorities have the right to take me to jail at any time and there goes my right to appeal right down the drain.
I might have found the whole thing funny except for the fact that I have a Damocles sword poised to fall right on my neck.
I have also been offered a way out of the entire dilemma by someone capable of fixing it. A member of the Gayyoom clan. Some may call me a fool but I'd feel happier to go down fighting.
On May 5, 2007 I gave an interview to Al-Jazeeraa accusing the Maldives Police Services for intentionally propagating the proliferation of drugs in the Maldives.
Exactly on June 5, officials of the Drug Enforcement Unit of the Maldives Police Services raided my home without showing any identification or a warrant or authorization note by the authorities.
I was taken to the Male' Custodial Unit and made to wait until the investigation team arrived.
The police handed me a document which advised me of the reason giving details as to why I was being detained. This is in accordance with the regulation set by the police. A person has to be advised of the reason for his arrest within 24 hours from the moment of his arrest. I signed the document and affixed my signature.
This document has to be given to me by the police – everyone else arrested at the same time was given the document – whereas the police failed to provide me with a copy of the same.
The document stated that sometime around 1830 hours on June 5, 2007, on a tip from the public, a team from the DEU (Drug Enforcement Unit) raided a room at M. Fadigge'. ( For the readers information M. Fadigge' is on Carnation Magu, Male. ) There were 3 people in the room in addition to me and they suspected that we were in a state of intoxication. On checking my person they found 4 polythene packets in my fist which contained a brownish powder which they suspected was drugs. I was being detained on suspicion of using drugs. I immediately signed the document and affixed my fingerprint to it. First of all they requested for a sample of my urine.
My response: "Please give me my legal rights before we proceed with the investigation."
I refused to co-operate until my demand was met, which I failed to get.
On June 6, 2007 the investigation team finally arrived and I was taken in for questioning. I had been told I'd be unable to relieve my bladder unless I agreed to give a urine sample.
"I will receive a command from far higher up than you and then I'd be able to go to the toilet." I told the investigator, a youth named Shahid from Huvarafushi Island.
Just as he began questioning I began to feel the need to the toilet.
My physical self works in accordance with certain natural laws that all human beings are subject to and therefore I told the investigator:
"I've received the command. My stomach is upset and I need to go to the toilet. Whether you give me permission or not I'm going to the toilet. Trying and stop me if you can."
The investigator made a gesture to the policeman next to him and he accompanied me to the toilet where I relieved myself.
Once I returned to the investigation room Shahid began questioning me.
"You cannot question me without giving me my legal rights. Period"
The police failed to provide me with my legal rights and hence the investigation came to a dead-end and after 43 days in the Male' Custodial Unit; I was released without any explanations whatsoever.
The following day I took a flight to Colombo. After 5~6 days of relaxing I returned Back to the Maldives.
Having decided that I'd be unable to continue writing for the simple reason of having to spend a large part of my time at the Male' Police Custodial, on October 3, 2007 I decided to leave to Karachi. While I was about to pass the Immigration counter, my passport was confiscated and my luggage offloaded the plane.
According to the Immigration officials the restriction order was issued by the Department of Penitentiary.
The following day I checked with the Penitentiary Department and was told I wasn't under any kind of sentence. Perhaps had I been sentenced in absentia it may fail to register in their computers, I was told.
Next I checked the bulletin board at the criminal court for those sentenced in absentia. My name wasn't on the list and even last week when I checked the board my name had yet to appear on the board.
Following a logical thread, I checked with the Attorney General's office and they confirmed that 2 cases of mine were sent to the criminal court.
Once again I was back at the criminal court and after my non-relenting efforts, the girl behind the counter agreed that I was sentenced on 2 counts in absentia on September 9, 2007. I had not received a summons to attend the court nor had my name been announced on the radio or TV as a missing person.
I was sentenced for life imprisonment in jail (25 years) and an additional 4 months for disobedience to order.
The next step was to request for the case documents from the court. After complying with the court's bureaucratic requirements I was given the documents.
The court documents stated that I was found standing outside the door of M.Sadikuge, in a state of intoxication, in the lane opposite the shop named 'Items' with another person. On checking my person they found 4 polythene packets containing a brownish powder like substance in my right fist. According to the lab reports the 4 packets contained 1.5688 grams of opiates. Therefore that it was the decision of the court since witnesses – the witnesses in this case were several policemen - who under oath had given evidence against me in court and therefore it was the decision of the court that I had retained illegal substances in my hand with intent to sell. The sentence: 25 years in jail.
Four months sentence was accorded for having objected to give a urine sample requested by the police.
The case defies logic for the simple reason that I was not taken from a room in M.Fadigge' on Carnation Magu as the police claimed but I was taken from my home at M. Midhilimaage. I live in a one-room apartment in the lane opposite the "Items' shop which is on a different street named Shaariuvarudhee in Male' and insofar as I'm aware there is no such address named M. Sadikuge' in the lane opposite the 'Items' shop.
On October 21, 2007 I put in a request directly to the Maldives Police Services for the document that advised me of the reason for my detention and duplicated the same request through the Human Rights Commission of the Maldives.
The HRC has given me a reply today. They have been given a copy of the document with instructions to withhold the document from me. Apparently regulations have changed; this document is no longer given to the defendent. Period.
As re-stated earlier this one document would prove that the police are out to frame me as they have tried several times in the past. They have tried to pin a charge for attempted murder during the year 2000 and they had lodged charges against me through the Interpol Branch of the Sri Lankan CID for gun-running and illegal radio broadcasting in December 2005. On both these occasions the Maldivian government was discredited for failing to prove the charges.
And now I am faced with another dilemma. I went down to the High Court in order to submit my appeal contesting the government's charges for illegal possession of drugs with intent to sell and of course the disobedience to order charges.
The High Court refused to accept my appeal on the grounds that the documents need to be stamped by the Department of Penitentiary as I was under sentence.
I went down to the Penitentiary Department and was told that they had yet to receive notification of my sentence and therefore they could not stamp the documents.
The authorities have the right to take me to jail at any time and there goes my right to appeal right down the drain.
I might have found the whole thing funny except for the fact that I have a Damocles sword poised to fall right on my neck.
I have also been offered a way out of the entire dilemma by someone capable of fixing it. A member of the Gayyoom clan. Some may call me a fool but I'd feel happier to go down fighting.
By Ali Rasheed, 7 November 2007, Published in www.dhivehiobserver.com
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