Dhivehi Qaumee Party sends an open letter to Maldives Police Services

 September 2nd, 2010

Maldives Police Service Staff,

23 August 2010

Shaheed Hussain Adam Building,

Boduthakurufaanu Magu,
Malé, Maldives

Dear Maldives Police Service Staff,

We convey greetings of peace and wish you the good tidings of the blessed month of Ramadan.

Presently Maldivians are living a life of fear, violence, misery and unhappiness. Despite private affairs of individuals being recognized a protected basic right; the twist is such that (people) are ill at ease to communicate via telephones. People are fearful of being eavesdropping, recording and publicizing their private affairs. There is no assurance that the communications within private offices are not overheard.

Although, freedom of expression, supporting a political ideology of one’s own choice and expending materially and otherwise to promote such ideology is a basic right, public is hesitant to do so. If an employee, there is fear of loss of employment. If a business person, there is fear of bankruptcy. People are uncomfortable about meeting counterparts of their choice for fear of being followed by spies.

Whilst the constitution stipulates that no one shall be arrested save on authority of a court order, none is the better at guessing as to when and who will be “uprooted” next. Neither can one speculate as to how many days one may be detained without a remand order. Even if a habeas corpus is granted, there is no guarantee of being released. It is unknown as to when the only ally to justice, the court houses, may be incarcerated. Unknown is when Justices may be summoned before the armed forces.

This is the current status of our nation. Above said scenarios were experienced in communist countries or “police states” previously. Perhaps such incidents may take place in communist North Korea even today. This is not the ideology pursued through the introduction of the reform movement of the within the last 5 years and the Constitution of 7^th August 2008.

On 1 September 2004, police and army were distinguished as separate institutions whereby the police were considered a civilian force and with the advent of Police Act, which laid down the regulatory principles. This Act together with the Constitution provided the scope of police role, their obligations and prohibitions against them. In the long chapter pertaining to safeguard of the rights of the people, the purpose of putting in black and white the manner and procedure by which any of the ascribed rights may be deprived is to assure that the government may not deploy security services to illegally deprive the citizens of their rights.

According to clear wording of Article 236 of the Constitution the purpose of using public funds to bring into existence and then continuing to maintain a police force vested with power and influence is, “to enable the people to live peacefully, safely and freely.

Most prior Constitutional and legal responsibilities of the Maldivian Police include;

1.     By virtue of Article 237and Section 6(1) of Police Act, protecting the Constitution and democratic institutions

2.     By virtue of Article 237 and Article 244 Clause (d) read with Section 6(5) upholding and executing the law.

3.     By virtue of Section (2) of Police Act, respecting and protecting the citizens’ fundamental rights.

4.     To investigate criminal acts, committed by any to the detriment of the public, as per Section 6 (7).

5.     By virtue of Section 6 (12), doing everything in order to execute legally enforceable orders.

The Constitution and the Police Act is directive on the manner in which Police may carry out its constitutional and legal duties. Accordingly;

a)                          By virtue of Article 238 of the Constitution, Police must always act within the legal boundary.

b)                          Article 245 stipulates that no one may execute an illegal order.

c)                           Article 245 states that an illegal order by whomever, shall not be abided by.

d)                          Article 20 of the Constitution contends that equality must be exercised in execution of the law, in awarding protection of the law and in conveying benefit of the law.

e)                          Article 246 proscribes unequal treatment between individuals or groups.

f)                            Article 246 Clause (a) states that duties and responsibilities must be carried out with due respect to principles of Islamic conduct, human dignity and self respect of persons.

g)                          With due consideration to Article 4 of the Constitution, Police must at all times keep in mind that power and force has been vested in them by the people for the purpose of providing “service” to the people. All powers originate from the people and continue by the people.

h)                          Constitution mandates that apart from being accountable to government authorities, (police) must also be accountable to the representatives of the people (majilis) regarding all actions.

In addition to detailing in the Constitution and Police Act, the duties, responsibilities and powers of police as well as the manner in which such powers may be exercised, Maldivian Police avowed in the name of Allah that they would remain steadfast and trustworthy in upholding the Constitution and that they shall sacrifice their lives for the same. Therefore;

·         In the event a member of the opposition is arrested and investigated whilst the counterpart within the government or the ruling party with the same allegation is not treated in the same manner is a violation of Article 246 (a) and the Oath taken in the name of Allah;

·         Whilst no one shall cause an illegal order to be enforced by the Police, in the event an order lacking legality is delivered to the police, be it by the president or a minister or otherwise a senior government official, not protesting against such order (by the police) is a violation of Article 245 and the Oath taken in the name of Allah.

·         Whilst the Constitution prohibits any member of the Police force to carry out an illegal order, execution of any order to arrest or search or disobey a court order or to take over an independent institute or to eavesdrop on private telephone calls, emails and short message system communications between individuals, without any legal basis, be it by the president, or a minister or otherwise a senior government official, will be a violation of Article 245 and the Oath.

·         In the event Police makes an arrest of an individual through legitimate exercise of power with knowledge that the arrested person has committed no wrong, this amounts to a violation of Section 81 of the penal code.

·         Disobeying a court order to appear before the court or to cause a particular person to appear before the court is a violation of Sections 85(a), 86(a), 87(a) and 88(a).

·         Whilst the Constitution embodies the doctrine of separation of powers such that one power may not cause undue influence over the other, to cause or allow the executive to influence and meddle with any of the other powers is a violation of the Constitution and hence a violation of the sacred Oath.

·         Whilst it is stipulated in the Constitution that any of the constitutional rights may be withheld only as prescribed in an Act of Parliament, notwithstanding the inexistence of such law, withholding such rights would be a violation of Article 16 (a) of the Constitution as well as that of the sacred Oath.

·         Though the Constitution proscribes unequal treatment among people based on their political inclinations, superior treatment of the Party in Government and their allies would be a violation of the constitution and the sacred Oath.

·         Despite, Article 24 of the constitution provides that private communications between individuals such as telephone conversations, letters, emails, and sms are inviolable; executing an order by the president or any senior government official to violate the same is a violation of Article 24 and the Oath.

·         Whilst the Constitution exhorts to uphold the principle of Rule of law, any action to execute an order or a request by the Government or it’s Official to disregard the Rule of law will be contrary to Article 67(e) of the Constitution as well as the Oath.

On 7^th August 2008, Maldivians enjoyed the beginning of a new constitutional era. A complete chapter safeguarding human rights of the people came into existence. The manner in which any such right may be infringed was written in black and white. It made compulsory on the police to be constantly within the legal boundaries and not to abide by any order lacking in legitimacy. The purpose was to eliminate any chance whereby the Police forces may be abused to combat political rivalries.

However, this important constitutional aim is yet to be achieved. Up to date, we are witnessing that the police is quick to arrest politicians upon the president or government officials warn the opposition. Courts of law and other independent institutions are inaccessible upon police taking orders from the president to take over such institutes. Inability to bring government officials to act within the legal frame work. Disregard of court orders. Government officials are making the policies and in furtherance to ordering the implementation of the policy, they are detailing the operational movements. Directing who should be arrest and the mode of operation to be carried out in order to arrest.

The heads of the security forces and security institutions who served for the previous regime was despised and mocked at by the then opposition. With the new regime in force, they were dismissed from their posts in a cruel manner. New faces were given the vacancies. However, the mannerism adopted in carrying out the tasks with new people remained the same as before.

The question is should the same things keep happening again? Should the security forces again be the target of hatred, jest and harassment of the opposition and public? Should the chieftains of the security forces lose their posts and become poorly each time the government changes hands?

DQP wants to enjoy a time when this would not happen.

DQP wants to a future wherein security forces enforce the law without fear or favour of anybody. A day wherein the security forces not only investigates matters upon resignation of the president and cabinet but would do the same upon suspicion even when they are in full power.

DQP wants to witness a time wherein members of the security forces, leaders in particular, retire with dignity and continue to share their invaluable experience in the capacity of honourable statesmen.

Maldivian Security forces may enjoy such a time as aforesaid, when they overcome the fear of losing their livelihood and carries out their responsibilities as instructed in the Constitution and Police Act; by acting within the ambit of law. Not allowing anyone to deliver illegal orders. By being steadfast in saying “No” to orders which are wrong in law. By constantly keeping in memory the sacred oath taken in the name of Allah. By acting in line with the oath.

DQP members make supplication to God in this blessed month of Ramadan, wishing that our Police may enjoy such a time in the near future. We assure that DQP will continue in its effort to bring such a day.

We convey the greetings of the holy month of Ramadan and well wishes on the august occasion of  Eid’ Al Fitr to our beloved Police and their families.

Yours faithfully

Hassan Saeed