Case N° MLD/03 - MOHAMMED SALEEM - MALDIVES

Resolution adopted without a vote by the Inter-Parliamentary Council at its 158th session
(Istanbul, 20 April 1996)

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights Parliamentarians (CL/158/13(a)-R.1), and to the resolution adopted at its 157th session (October 1995) on the case of Mr. Mohammed Saleem, of the Maldives,

Considering the communication from the Minister of State for Presidential Affairs, dated 30 January 1996,

Taking into consideration the communication from the source dated 1 April 1996,

Recalling that, according to the letter from the Minister for Presidential Affairs of 3 October 1995, the facts are as follows: Mr. Saleem was arrested in September 1993 on charges of misappropriation and embezzlement of public funds; he was formally charged under Sections 131, 132 and 143 of the Penal Code, and was found guilty of these offences when employed by the Maldives Airports Authority; in the Court of first instance he was acquitted, but the High Court subsequently reversed his acquittal and convicted him of the said offences; the trial was conducted in open court and Mr. Saleem was represented by a lawyer of his choice,

Recalling that, according to the source, Mr. Saleem was sentenced to five and a half years' banishment,

Recalling that Mr. Saleem was unable to contest the parliamentary elections of 1994 since he was under house arrest; recalling also that the source fears that he may have been prosecuted solely on account of his support of Mr. Ibrahim in the presidential elections of 1993,

Considering that, according to the source, Mr. Saleem was transferred to house arrest around 22 March 1996 and that the source does not have any indication as to how long this measure will be maintained,

Considering that in his communication of 30 January 1996, the Minister of State for Presidential Affairs stated that "while recognizing that human rights are a matter of international concern and do not stop at national borders, under international law, a case or a complaint against a sovereign State cannot be heard unless such a sovereign State has submitted itself to the jurisdiction of the international organization that has received the complaint or is a member State of that organization; that "the Republic of the Maldives is fully committed to international law and internationally recognized legal principles guaranteeing human rights and fundamental freedoms, including the right to a fair trial",

Recalling finally that, in his letter of 3 October 1995, he stated inter alia that "the complaints communicated to the IPU must be considered in the light of the democratic principles that prevail in the country and must be cross-checked thoroughly, verified and substantiated before any action by the Union is taken",

1. Thanks the Minister of State for Presidential Affairs for the observations he provided;

2. Regrets, however, that it has received no reply to the specific requests for information and documents submitted to the Maldivian authorities;

3. Stresses once again that the Committee on the Human Rights of Parliamentarians, which serves as an instrument of international dialogue and co-operation and is recognized as such, seeks to defend the human rights of parliamentarians and thus the right of people to participate in the conduct of public affairs and regularly obtains the full co-operation of parliamentary or governmental authorities throughout the world;

4. Trusts, therefore, that the Maldivian authorities, in line with their stated commitment to the internationally recognized human rights principles and their wish that all information conveyed to the Committee be thoroughly cross-checked and verified, will respond more fully to the Committee's and the Council's concerns as expressed in their previous resolutions on the matter and will supply the requested documents, namely:

(i) A copy of the judgment of the Court of first instance and of the High Court ruling;

(ii) A copy of Sections 131, 132 and 143 of the Penal Code;

5. Notes that Mr. Saleem has reportedly been placed under house arrest and infers from this that the sentence of five and a half years' banishment handed down on him is not being applied;

6. Wishes to ascertain the current situation of Mr. Saleem, in particular whether he has indeed again been placed under house arrest, the legal grounds for such a measure and the length of time for which it has been imposed;

7. Cannot but remain deeply concerned at the fact that, having been placed under house arrest in September 1993 and subsequently convicted, Mr. Saleem was unable to exercise the mandate entrusted to him by his electors, who were thus deprived of representation in the Citizens' Majlis, and at the fact that he was prevented from standing in the parliamentary elections of December 1994;

8. Wishes to ascertain the prospects of his benefiting from any clemency measure;

9. Requests the Secretary General to convey these considerations to the Maldivian authorities, inviting them once again to supply the requested information and documents, stressing that should they remain silent it would be compelled to infer that the allegations of failure to respect the human rights of Mr. Saleem are well founded and draw the appropriate conclusions;

10. Also requests the Secretary General also to contact the members of the Citizens' Majlis and to inform them of its concerns;

11. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and to report to it at its next session (September 1996).