US embassy cable - 04COLOMBO1956

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, Maldives 
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