US embassy cable - 05COLOMBO420

C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO 000420 
 
SIPDIS 
 
DEPARTMENT FOR SA, SA/INS 
NSC FOR DORMANDY 
 
E.O. 12958: DECL: 02/13/2015 
TAGS: PGOV, PHUM, MV, Maldives 
SUBJECT: MALDIVES:  BANNER DAYS FOR DEMOCRACY? 
 
REF: COLOMBO 297 
 
Classified By: James F. Entwistle, Deputy Chief of Mission.  1.4 (b,d) 
 
1.  (C) Summary:  Democracy in Maldives is going through a 
growth spurt -- a big one -- and the government seems to be 
taking it in stride.  Amnesty International was set to 
release its report on February 24 from its official visit to 
Maldives in October 2004.  The Maldivian court is scheduled 
to sentence the National Security Service officials found 
guilty in connection with the September 2003 custodial death 
and prison riot.  Finally, President Gayoom intends to 
announce his eight presidential appointments to the newly 
elected Majlis, which will have its inaugural assembly on 
February 27.  Meanwhile, the Chairman of the opposition 
Maldivian Democratic Party is planning to return to Maldives 
for the first time since he claimed political asylum in the 
UK.  It is a pivotal political moment for the government, and 
the attitude exhibited by senior pro-government members of 
the new Majlis will be telling.  End Summary. 
 
Release of Amnesty International Report 
--------------------------------------- 
 
2.  (C) In a February 24 conversation with poloff, Chief 
Government Spokesman Dr. Ahmed Shaheed said that Amnesty 
International (AI) was planning to publicly release the 
report from its October 2004 visit.  According to Shaheed, 
the AI report would highlight two criticisms, that conditions 
at the Dhoonidhoo detention center following the August 2004 
unrest amounted to torture and that the court system does not 
allow for a fair trial due to lack of available legal aid and 
the occurrence of presidentially appointed judges.  Shaheed 
seemed accepting of the criticisms, but noted that the 
Government of the Republic of Maldives (GORM) had made 
immediate changes in the environment at Dhoonidhoo following 
recommendations by the Maldivian Human Rights Commission 
(HRC).  AI's February 24 press release states, "no one has 
been brought to justice for these abuses."  Referring to the 
criticism of the courts system, Shaheed said that reforms 
were "in the pipeline" and felt that the judicial system at 
least treated all people equally. 
 
3.  (SBU) The AI release also commends the government for 
some of the reforms already underway, such as formation of 
the HRC and the separation of the police from the National 
Security Service (NSS).  The organization calls on the 
government to make the protection of human rights, as defined 
in international treaties, the "guiding principle" in 
drafting new constitutional amendments and laws. 
 
Sentencing for officials complicit in custodial death 
--------------------------------------------- -------- 
 
4.  (C) Shaheed said that the court was scheduled to sentence 
the prison officials who had been found complicit in the 
September 2003 custodial death and subsequent prison riot. 
(Note:  The death of the prisoner led to associated riots on 
the capital island of Male', with some government offices 
being torched.  The GORM was stunned by the magnitude and 
intensity of the unrest that had occurred.  End Note.)  While 
senior officials in the National Security Service were 
absolved of involvement by a Presidential Commission 
investigating the incident, prison personnel were brought up 
on charges, marking a significant decision by the government 
to address the abuse and hold at least some officials 
accountable. 
 
Presidential appointments to Majlis 
----------------------------------- 
 
5.  (C) Preceding the February 27 inaugural assembly of the 
newly elected People's Majlis ("Parliament"), President 
Gayoom is set to announce his eight presidential 
appointments.  (Note:  The Constitution provides for 42 
elected members and 8 appointed ones in the 50-member 
legislative body.)  Shaheed said the President would not 
consider appointing any candidate who lost the Majlis 
election, although many of those defeated had lobbied the 
President for such consideration.  Shaheed characterized the 
President's eight appointees as mainly a younger group -- "in 
their 30's" -- and would likely include one or two current 
members of the Special Majlis. 
Opposition leader to return to Maldives 
--------------------------------------- 
 
6.  (C) Separately, poloff spoke on February 24 with 
Maldivian Democratic Party (MDP) Chairman Mohamed Nasheed, 
who said that he intended to return to Maldives for the first 
time since seeking political asylum in the UK.  (He left 
Maldives in October 2003 and was granted asylum in the UK in 
June 2004.)  Nasheed's return is complicated, however, since 
the terms of his asylum in the UK permit him to travel freely 
anywhere except Maldives.  Since he is distrustful of how the 
government will treat him on his return, he is reluctant to 
relinquish his British aslyee status.  He told poloff he 
hopes to resolve these issues and return to Maldives by 
mid-March. 
 
7.  (C) Nasheed said it is time for the group to have 
leadership in Maldives based on the exiled organization's 
success in the Majlis elections and the MDP's intent to keep 
President Gayoom committed to his reform agenda.  (Note:  As 
the government does not recognize political parties, the MDP 
is only an opposition group at present.)  He hopes that the 
MDP will be able to establish 18 "party branches" throughout 
the atolls, adding that 8 have already been formed.  Nasheed 
also said that the MDP was in contact with the National 
Democratic Institute (NDI), the U.S.-based organization that 
conducted an assessment in Maldives in October 2004. 
According to Nasheed, NDI officials agreed to monitor the 
MDP's activities in Maldives, although no official guidelines 
had been established. 
 
Comment 
------- 
 
8.  (C) Opportunities to be receptive to change are 
everywhere for the GORM, and its reaction to on-going events 
will illustrate to Maldivians and others the strength of the 
government's commitment to reform.  It is a positive sign 
that government interlocutors actually mention the MDP when 
speaking with Embassy officials, an acronym that they did not 
acknowledge only recently.  The country is primed for 
addressing democratic reforms.  We hope that the GORM will 
remember the negative consequences of its efforts to stifle 
opposition voices last August, and will continue its new 
attitude of unity and openness.  We will continue to 
encourage them in that direction.  End Comment. 
LUNSTEAD