US embassy cable - 05COLOMBO1530

C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO 001530 
 
SIPDIS 
 
E.O. 12958: DECL: 08/31/2015 
TAGS: PGOV, PHUM, MV, Maldives 
SUBJECT: MALDIVES: SOME DEMOCRATIC REFORMS DESPITE TRIAL OF 
OPPOSITION LEADER 
 
REF: A. COLOMBO 997 
     B. COLOMBO 1295 
     C. COLOMBO 1420 
     D. COLOMBO 1449 
     E. COLOMBO 1469 
 
Classified By: CDA JAMES F. ENTWISTLE FOR REASONS 1.4(b) and (d) 
 
1. (SBU) Summary:  Following the August 12-14 pro-reform 
demonstrations in Male' (Reftels C and D), as of August 28, 
76 persons remained in detention, including opposition leader 
Mohamed Nasheed.  Nasheed, the chairman of the Maldives 
Democratic Party (MDP), has been charged with one count of 
terrorism and one count of committing a crime against the 
State, raising concerns among human rights advocates and MDP 
members that his arrest and trial are politically motivated. 
Despite the current proceeding against Nasheed, the Maldives 
has made significant progress in protecting human rights and 
instituting reforms.  The Embassy will seek opportunities, 
including the upcoming US-Maldives Friendship Week scheduled 
to take place in Male' September 25-28, to stress to the 
Government of the Republic of Maldives (GORM) that they must 
administer fair and transparent justice and respect the rule 
of law and human rights.  End summary. 
 
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FALLOUT FROM AUGUST 12-14 DEMONSTRATIONS 
----------------------------------------- 
 
2. (C) In an August 28 phone conversation with poloff, 
Attorney General (AG) Hassan Saeed said that 76 people 
remained in jail following the August 12-14 demonstrations in 
Male', but that he expected half of them to be released 
without charge by week's end.  Saeed added that those who 
would remain in custody all have previous criminal records, 
many for drug offenses, and that they will likely be charged 
with unlawful assembly.  According to a number of sources, 
the detainees have access to their families and the right to 
counsel, a marked improvement over the detentions that took 
place in Male' a year ago. 
 
3. (C) MDP members claimed that following the demonstrations, 
they were the victims of politically motivated harassment and 
detention in Maldives.  Some MDP members were reportedly 
arrested from their homes August 14-15, long after the 
demonstrations had ended, while others were arrested even 
though they did not participate in the demonstrations. 
Nevertheless, the AG maintained that the arrests resulting 
from the demonstrations were apolitical in nature.  In an 
August 24 phone conversation with poloff, he said he did not 
know how many remaining detainees were MDP members because 
the GORM is "not specifically targeting the MDP." 
 
4. (SBU) On August 18, members of the International Committee 
of the Red Cross were permitted to conduct prison visits in 
Maldives.  They reported that they were granted unfettered 
access to the (then remaining) 118 detainees imprisoned after 
the August 12-14 demonstrations.  The ICRC representatives 
said that the prisons generally met international standards, 
and they had no reports of abuse in custody.  Furthermore, 
the ICRC reported detainees were informed of their right to 
counsel and permitted access to lawyers and family members. 
 
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CHARGES LEVELED AGAINST OPPOSITION LEADER 
------------------------------------------- 
 
5. (C) August 18-19, representatives from the British, 
Canadian, and European Union High Commissions in Colombo went 
to Maldives and were given access to four prisoners jailed 
after the August 12-14 events, including Nasheed.  (Note: The 
GORM initially claimed that Nasheed had been arrested for his 
own protection following a peaceful sit-in on August 12, but 
later drew up charges of terrorism and crimes against the 
State.  According to MDP sources, Nasheed's current charges 
are not based on the events of August 12-14, but rather, on 
his alleged earlier anti-GORM activities and statements. End 
note.)  In an August 13 phone call, Foreign Minister Ahmed 
Shaheed had told poloff that with respect to Nasheed, "We've 
been very tolerant and patient with him, but we've let him 
carry on too far."  Similarly, UK poloff Colin Hicks told us 
that during his recent trip to Maldives, GORM officials said 
Nasheed had been instigating anti-GORM activity for some 
time, but in the spirit of openness to opposition, the GORM 
had permitted him to carry out his agenda.  However, the GORM 
representatives told Hicks, when the August 12-14 
demonstrations ended in violence,  many felt it was time to 
limit extremist elements within the MDP while permitting 
moderates to carry on.  Our MDP interlocutors, however, told 
us that for the President, any opposition is tantamount to 
sedition because he sees himself as the embodiment of the 
State. 
 
6. (C) Nasheed's initial hearing took place on August 24.  AG 
Saeed told poloff that the judge in the case is conferring 
with both the prosecution and defense attorneys before 
setting a trial date in order to give both sides adequate 
time to prepare arguments.  Jude Laing, an MDP lawyer based 
in Colombo, told poloff that the International Committee of 
Jurists (ICJ) sent an observer, Sri Lankan lawyer Faisz 
Mustapha, to Nasheed's pre-trial hearing.  The GORM provided 
Mustapha with a court-appointed translator.  In response to 
Mustapha's complaint that Nasheed had only learned of his 
hearing on the morning of the hearing itself, the AG told 
poloff that Nasheed had refused to listen to police officers 
attempting to inform him of the court proceeding against him. 
 According to the AG, "no harm was done" because Nasheed was 
able to have his lawyer represent him at the hearing, and he 
will have time to prepare his case.  The AG also mentioned 
Mustapha's concern that Nasheed had not been given access to 
reading and writing materials.  The AG said he asked the 
police chief to remedy the situation, and added that his 
directive had been followed. 
 
7. (C) Rory Mungoven, the Senior Human Rights Advisor to the 
UN Country team in Sri Lanka, told poloff that the UN Special 
Rapporteur on Freedom of Expression, the Chairperson of the 
UN Working Group on Arbitrary Detention, and the UN Special 
Rapporteur on Human Rights Defenders all drafted a single 
letter to the GORM expressing concern about Mr. Nasheed's 
case and human rights issues in Maldives.  Mungoven said that 
the GORM had responded with a general statement on a minority 
within the opposition fomenting violence and undermining 
reform efforts. 
 
-------------------------------------- 
COMMENT: THE ZIG-ZAG PATH TO PROGRESS 
-------------------------------------- 
 
8. (SBU) Comment: While international focus at present is on 
the detentions that have occurred over the past several weeks 
and the seemingly harsh charges against Nasheed, it is 
important to remember that the GORM has in fact instituted a 
number of judicial and police reforms over the past year. 
According to a number of accounts, although police and 
security forces used excessive force during the August 12-14 
demonstrations, once detainees were taken to jail, they were 
treated in accordance with international prison standards 
(Reftel C).  The ICRC reports on treatment of prisoners marks 
a major improvement from last year.  In addition, unlike last 
year, after this year's August 12-14 demonstrations, the GORM 
did not declare a state of emergency or cut off mobile phone 
or internet access in the days following the events.  Other 
hopeful signs include the legal recognition of political 
parties in June (Reftel A), the appointment of a number of 
young, reform-minded technocrats as Cabinet Ministers (Reftel 
B), the openness to non-governmental organizations sending in 
prison and trial observers, and the revisions of the penal 
code that resulted in the improvements noted by the ICRC. 
 
9. (C) As always in Maldives, however, for each of these 
steps forward, the GORM consistently takes another step back. 
 A major part of the problem is the GORM's political 
immaturity and refusal to accept that having an opposition 
party means permitting meaningful opposition.  Moreover, 
there is frustration over the slow pace of Constitutional 
reform.  We will keep urging the GORM to continue movement 
towards greater political openness and respect for human 
rights with our US-Maldives Friendship Week in late September 
a good opportunity for carefully calibrated public statements. 
ENTWISTLE