US embassy cable - 05COLOMBO1953

C O N F I D E N T I A L SECTION 01 OF 04 COLOMBO 001953 
 
SIPDIS 
 
STATE FOR SA/INS 
USPACOM FOR FPA 
 
E.O. 12958: DECL: 11/13/2015 
TAGS: PGOV, PHUM, MV, Maldives, Human Rights 
SUBJECT: MIXED MESSAGES FROM MALDIVES:  GOVERNMENT MOVES 
AHEAD WITH OPPOSITION TRIAL, JUDICIAL REFORM 
 
REF: A. COLOMBO 1881 
 
     B. COLOMBO 1878 
     C. COLOMBO 1824 
     D. COLOMBO 1716 
 
Classified By: AMB. JEFFREY J. LUNSTEAD.  REASON:  1.4 (B,D). 
 
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SUMMARY 
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1.  (C) During a November 9-11 visit by polcouns and Sri 
Lanka/Maldives Desk Officer Molly Gower to Maldives, 
discussions with government and opposition figures revealed a 
now-familiar mix of signs of progress--if intermittent and 
faltering--toward democratic reform, along with some 
disturbing indications that the road ahead may continue to be 
bumpy and marked by frequent detours.  Polcouns and Desk 
Officer visited opposition activists Jennifer Latheef in 
prison and Mohamed Nasheed under house arrest; both appeared 
to be in good health and spirits and expressed optimism that 
their cases would be dropped.  Foreign Minister Ahmed Shaheed 
expressed his personal view that the Maldivian government 
should revise its Middle East policy and consider giving 
Israel diplomatic recognition.  End summary. 
 
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PAY NO ATTENTION TO THE MAN UNDER HOUSE ARREST; 
JUDICIAL REFORM PROCEEDING 
--------------------------------------------- --- 
 
2.  (C) During a November 9-11 visit by polcouns and Sri 
Lanka/Maldives Desk Officer Molly Gower to Maldives, 
discussions revealed a government intent on rectifying its 
bruised image after international criticism of the harsh 
10-year sentence levied against Jennifer Latheef, the 
daughter of an opposition figure (Ref C), and the ongoing 
terrorism trial of Mohamed Nasheed, another opposition leader 
now under house arrest.  In particular, Government of 
Republic of Maldives (GORM) interlocutors seemed stung by a 
report issued September 28 by a delegation from the UK Bar 
Association indicting the Maldivian judicial system for 
serious deficiencies.  They complained that international 
misunderstanding of the peculiar Maldivian justice 
system--and the "draconian" laws that mandate heavy prison 
sentences for seemingly minor offenses--had skewed 
perceptions of cases against Latheef and Nasheed as being 
politically motivated.  GORM officials with whom polcouns and 
Gower met insisted that the reform process remains on 
track--if delayed in pulling into the station--and cited a 
new initiative to increase the independence of the judiciary 
as proof of President Maumoon Abdul Gayoom's good intentions. 
 
 
3.  (SBU)  In a November 9 meeting in Male', Foreign Minister 
Dr. Ahmed Shaheed emphasized that the government realizes 
that the need for reform is more urgent than ever now that 
people are experiencing post-tsunami economic distress.  "We 
are at a crossroads," he declared; the time for mere cosmetic 
change is over.  Since the general public, as well as 
politicians themselves, are not well informed about rights 
and responsibilities in a democratic system, Shaheed 
observed, voter education is a priority for the GORM. 
Lamenting that the "official channels" for instituting reform 
had not proven effective (i.e., the Special Majlis), Shaheed 
indicated that the GORM is seeking unofficial fora for 
dialogue "out of the media focus" with other parties on all 
proposed amendments to the Constitution.  The first topic up 
for multi-partisan dialogue:  a proposed Political Parties 
bill drafted with input from the Commonwealth and UNDP. 
(Note:  The opposition Maldivian Democratic Party, or MDP, 
reportedly attended the first sessions on the draft bill but 
walked out of the third.  Meaningful debate on a proposed 
political parties bill without the participation of the 
largest political party may be difficult to achieve.)  Other 
important legislative initiatives the Foreign Minister cited 
include a proposed Media Freedom bill and a draft police 
powers act now before the People's Majlis for ratification. 
 
4.  (SBU)  In separate meetings, Foreign Minister Shaheed, 
Justice Minister Dr. Mohamed Jameel Ahmed and Government 
Spokesman Mohamed Shareef each highlighted the upcoming 
announcement of an independent Judicial Services Commission 
as an important reform.  (Note:  The Government subsequently 
announced the establishment of the Commission on November 
12.)  The Commission, whose members are appointed by the 
President, will have authority over all matters related to 
the hiring, firing, transfer and salary of judges.  In 
addition, the Commission will function as an ombudsman for 
the judiciary, according to Shareef, with a mandate to "look 
into" judges' conduct and safety.  Shareef stressed the 
formation of the Commission as an important first step into 
the separation of the judiciary from the executive, a process 
which he predicted would take one year to conclude. 
 
5.  (C) Shaheed, Shareef and Jameel each lambasted the 
September 28 statement by Sir Ivan Lawrence, a senior human 
rights lawyer and Queen's Counsel who led a UK barristers' 
fact-finding delegation to Maldives at the end of September, 
as factually inaccurate and biased.  (Note:  Sir Ivan came at 
the invitation of the MDP but spoke with government 
representatives, including the Justice Minister and Attorney 
General, while in Maldives.  Many of his recommendations 
dealt with the upcoming--and politically sensitive--trial of 
MDP leader Mohamed Nasheed.)  "We recognize the shortcomings 
and deficiencies" in the judicial system, Jameel said, but 
complained that "everyone wants to discredit the (reform) 
process."  Limited human resources impose their own 
constraints, he noted; Maldives' lack of adequately trained 
judges and lawyers is not a problem that can be solved 
instantaneously.  In an effort to remedy this deficiency, the 
GORM has sent 18 students to study law in Malaysia, he 
reported.  When asked for GORM views of other recommendations 
in the UK barristers' report, e.g., that an independent 
Commonwealth judge preside over Nasheed's trial, GORM 
interlocutors indicated that the Attorney General was still 
weighing these and other suggestions offered by Sir Ivan. 
 
 
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DISSIDENT VIEWS OF THE REFORM PROCESS 
FROM AN ISLAND PRISON AND HOUSE ARREST 
--------------------------------------- 
 
6.  (C) On November 10 polcouns and Desk Officer visited 
Jennifer Latheef, who was sentenced on October 18 to 10 years 
in prison on Maafushi Island (Ref B).  Although officials 
from the Foreign and Home Ministries accompanied polcouns and 
Desk Officer on the boat ride out to the island, they did not 
sit in on the meeting with Latheef, which was conducted in 
privacy.  Latheef, whose father is MDP Spokesman Mohamed 
Latheef, reiterated that the prosecution had not presented 
convincing evidence at her trial to support the charge that 
she had incited violent demonstrations in Male' in August 
2003.  (Like us, she had been told the government had 
videoptaped evidence implicating her, but she said she never 
saw the much-cited videotape and it was never presented in 
court.)  She reported no mistreatment while on Maafushi and 
said that that she had adequate food and medical care and had 
been given access to reading and writing materials.  Her 
family can send her supplemental food and medicine, she 
reported, but the goods must be on an "approved" list 
prepared by the Department of Corrections.  She shares 
dormitory-like accommodations with six other female inmates 
convicted of narcotics offenses.  Latheef says she, like 
other prisoners on the island, is permitted one three-hour 
visit from her family per month and two telephone calls per 
month.  She is contemplating filing an appeal, but wondered 
rhetorically what good it would serve, if the judicial system 
remained so heavily influenced by Gayoom.  Her greatest 
complaint was the lack of recreational facilities (male 
inmates have access to a gym; prison authorities said they 
plan to set up a badminton net for the women, who have only a 
small yard in which to exercise) and meaningful 
rehabilitation for her fellow inmates (all of whom, according 
to Latheef, are heroin addicts--a habit they keep up in 
prison).  She seemed in good health and in reasonably good 
spirits. 
 
7.  (C)  Polcouns and Desk Officer also visited Mohamed 
Nasheed, who is under house arrest, later the same evening. 
(Nasheed, whose trial began on October 27, was transferred to 
house arrest in Male' on November 1.  His lawyer has asked 
for a 90-day adjournment to prepare his defense; the judge 
has not yet ruled on that request.)  Nasheed was upbeat about 
prospects for the MDP, which is preparing to hold a party 
congress to select new leadership in December, noting that a 
pro-Gayoom MP had just "crossed over" to join MDP's ranks. In 
addition, former MDP supporter-turned-Finance Minister Qasim 
Ibhrahim is "not happy" with his government post and has been 
"sending out feelers" about a possible reunion with the 
opposition, Nasheed claimed.  MDP grass-roots organization of 
island branches is proceeding apace, he reported, adding, in 
a triumphant aside, that Gayoom's rival DRP (translated as 
the Maldivian People's Democratic Party) had no similar 
network.  The MDP had been holding council meetings in 
Nasheed's home until that was banned the previous week, he 
said, adding that the current terms of his house arrest do 
not allow him to receive visitors, except for his attorney. 
(Comment:  This ban appears to be somewhat laxly enforced. 
Nasheed had another visitor the same time that polcouns and 
Gower showed up.  Nasheed acknowledged he continues to 
receive regular visits from party faithful despite the ban.) 
 
8.  (C)  "A lot has happened over the past two years" to 
promote democracy, Nasheed observed (for once sounding 
uncharacteristically like his GORM counterparts).  That said, 
he brushed away any discussion of preparation for his trial, 
saying, "I don't expect justice."  What he does seem to 
expect, however, is that the charges against him will end up 
being dropped.  He reported receiving several calls from the 
Attorney General suggesting that they "talk," which he 
believes indicates the GORM is seeking to make a deal with 
him.  He continues to deny ever making any violent threats 
against the government or President Gayoom. 
 
 
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HUMAN RIGHTS COMMISSION: 
NEW HEAD TO BE APPOINTED 
-------------------------- 
 
9.  (SBU)  The Maldivian Human Rights Commission (MHRC) has 
been basically non-functional since the August 18 resignation 
of its head Dr. Ahmed Mujuthaba over disagreement about the 
contents of the draft bill establishing the Commission. 
Another two commissioners resigned after Mujuthaba, and the 
Commission has not met--or conducted any prison visits--since 
August.  Government Spokesman Shareef said President Gayoom 
was faced with a "conundrum" when the  Majlis refused to 
accept key parts of the bill that would have made it 
compliant with UN principles.  Since the President had called 
for the formation of the MHRC, Shareef reasoned, how could he 
hold up the bill that formally establishes it?  As a 
compromise, the President decided to let the bill be ratified 
by the Majlis and then invite the MHRC to draft the first 
amendment to it.  The appointment of a new MHRC head, former 
Commission member Dr. Ahmed Saleem, will be announced 
November 24, Shareef reported. 
 
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REFORMING FOREIGN POLICY? 
-------------------------- 
 
10.  (C) At the end of his meeting, Foreign Minister Shaheed 
mentioned casually that it was his personal view that the 
GORM should revisit its policy on the Middle East in an 
effort "to be more balanced and open."  He said he was even 
contemplating the possibility of extending diplomatic 
recognition to Israel, but cautioned that he had not taken up 
the question with the President. 
 
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COMMENT 
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11.  (C) Maldives is a small country, and international 
opinion reverberates loudly there.  The international 
criticism the GORM earned by sentencing Jennifer Latheef to 
10 years in prison on questionable charges, as well as its 
detention of Mohamed Nasheed on apparently equally tenuous 
grounds, is an obvious sore point.  Whether it hurts enough 
to convince the GORM to review its dubious cases against the 
detained activists remains a key question.  For now, the GORM 
seems to be hoping that a few well-spaced initiatives from 
time to time, like sandwiching the announcement of the 
Judicial Services Commission between the Latheef sentencing 
and the Nasheed trial, will appease the international 
community while allowing Gayoom to proceed with reform on his 
terms and at his own pace.  We need to let the GORM know we 
will continue to applaud genuine  reform efforts in Maldives 
when we see them (and the Judicial Services Commission seems 
like a step in the right direction), but will nonetheless 
press for improvements where we see deficiencies--as in the 
Latheef trial and sentencing.  In particular, we should keep 
up the pressure to ensure Nasheed an impartial trial.  We 
have not heard Shaheed's views on possibly changing policy 
toward Israel and the Middle East expressed by anyone else in 
the Government, but would be surprised if his seemingly 
casual reference were as unscripted as he implied.  Shaheed 
works closely with Gayoom, and the comment could reflect a 
matter under active consideration by the President.  The 
Government's decision to support the Holocaust Resolution 
(Ref A) may offer a similar indication of current thinking. 
(Note:  At the behest of the Israeli Ambassador to Sri Lanka, 
resident in New Delhi, Ambassador has raised previously with 
the Maldivian MFA the possibility of establishing informal 
Maldives/Israel contacts.  Ambassador will follow up on 
Shaheed's comments during his next visit to Maldives.  End 
note.) 
LUNSTEAD