US embassy cable - 04COLOMBO1737

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, Maldives 
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). 
 
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 SUMMARY 
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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. 
 
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SPECIAL MAJLIS SESSIONS TO CONTINUE; 
PEOPLE'S MAJLIS ELECTIONS IN DECEMBER 
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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. 
 
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STATUS OF DETAINEES 
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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. 
 
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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. 
 
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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.) 
 
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COMMENT 
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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