The Governing Council of the Inter-Parliamentary Union,

Having before it the case of the above-mentioned parliamentarians, all members of the People’s Majlis of the Maldives, which has been examined by the Committee on the Human Rights of Parliamentarians, pursuant to its Procedure for the treatment by the Inter-Parliamentary Union of communications concerning violations of the human rights of members of parliament,

Taking into account the information presented by the Minister of Gender, Family and Human Rights and her Deputy on the occasion of hearings with the Committee on 23 July and 21 October 2012 respectively; considering the information which the IPU special envoy, Mr. Martin Chungong, Director of the IPU Division of Programmes, received during his mission to the Maldives (15 February to 1 March 2012), when he met with the President of the Maldives, the Ministers of Home Affairs and Defence, the Speaker of the People’s Majlis, the Chair of the parliamentary Privileges Committee, the Electoral Commission, the Police Integrity Commission and the parliamentarians concerned; considering also the letter from the Speaker of the People’s Majlis dated 10 September 2012; considering finally the information regularly provided in this case by the source, a group of members of the People’s Majlis belonging to the Maldivian Democratic Party (MDP),

Considering that the case has to be seen in the context of the transfer of power on 7 February 2012, when Vice-President Mohammed Waheed assumed the office of president following the disputed resignation of President Mohamed Nasheed,

Considering that, immediately after the transfer of power, on 8 February 2012, MDP supporters took to the streets in protest and were met with excessive use of force by the police, including against members of parliament,

Considering the following: the Police Integrity Commission concluded, in its report of 2 October 2012, that “during the protest dispersal and in arresting protestors, a number of individual members of the police had acted in contravention of legal provisions, brutally assaulting protestors and subjecting them to abuse including indecent language”; with regard to individual members of parliament, it concluded inter alia that the police had brutally assaulted Mr. Moosa Manik, heard evidence regarding the alleged ill-treatment of Ms. Mariya Didi, Mr. Imthiyaz Fahmy, Mr. Mohamed Gasam and Mr. Ibrahim Rasheed, and decided to investigate these cases separately and take the requisite legal action; the Chairperson of the Police Integrity Commission resigned, in the belief that the report’s conclusions did not go far enough, as she explained in her dissenting statement, in establishing the ill-treatment to which protestors were subjected and holding to account senior police officers and that it had erroneously suggested that the police had lawfully dispersed the protests; the ad hoc Independent Commission of National Inquiry, set up to examine the circumstances surrounding the transfer of power on 7 February 2012, adopted its report on 30 August 2012 and observed that “it was remarkable for the Commission to learn, in the course of its inquiry, that self-evident use of force and out of control behavior by the police has not, to this date, appeared to have been addressed by the responsible authorities or relevant institutions. In the absence of the effective and timely functioning of these bodies, the human rights and fundamental freedoms specified in the Constitution remain theoretical”; the Commission of National Inquiry concluded, “with respect to the administration of justice, in particular concerning allegations of police brutality and acts of intimidation, [that] there is an urgent need for investigations to proceed and to be brought to public knowledge with perpetrators held to account”,

Considering the following: since February 2012, MDP supporters, including members of parliament, have continued their protests and, according to the source, have repeatedly been subjected to brief arbitrary arrest and ill-treatment, such as on 30 July 2012, when Mr. Mohamed Gasam, Mr. Ahmed Easa and Mr. Ibrahim Rasheed were beaten and arrested by the police without reason in the course of peaceful demonstrations calling for democratic elections; the source affirms that the three were specifically targeted by the police, acting on the orders of the Commissioner of Police, Mr. Abdulla Riyaz, who had given a statement to the press earlier that week saying that MDP parliamentarians would not be afforded any of the protection or privileges ascribed to their office and that he would not be bound by the Majlis’ Standing Orders, which stipulate that the Speaker must be informed when members are arrested,

Considering that the authorities have repeatedly stated since 8 February 2012 that any police officers found to have acted unlawfully would be properly sanctioned, that, according to the Deputy Minister of Gender, Family and Human Rights, the results of the investigation into the ill-treatment of Mr. Manik and Ms. Didi are in the hands of the Prosecutor General, and that investigations into other incidents involving Ms. Eva Abdulla, Mr. Mohamed Shifaz, Mr. Ahmed Rasheed, Mr. Mohamed Rasheed, Mr. Ahmed Easa, Mr. Imthiyaz Fahmy, Mr. Ibrahim Rasheed, Mr. Mohamed Gasam and Mr. Mohamed Thoriq are ongoing,

Considering the following: according to the Minister of Gender, Family and Human Rights, the MDP decided - under its Direct Action banner - to step up its use and calls for the use of violence to achieve its aims; she pointed out that, since 7 July 2012, the Housing Minister, the Auditor General, the Minister of Islamic Affairs, the Assistant Commissioner of Police and some 30 police officers - one of whom was allegedly stabbed to death by an MDP supporter - had been attacked; the Minister stated that she had received threats on 11 July 2012, that the following day her car was torched, that her home and private car had been vandalized in the past and that she had received death threats on other occasions,

Considering that, as at 22 October 2012, at least eight MDP members of parliament (out of 29) face criminal action, which the source believes is politically motivated so as to ensure that they are convicted and therefore cannot, under the Constitution of the Maldives, take part in the next elections, and that, according to the information provided by the Deputy Minister of Gender, Family and Human Rights, proceedings in these cases are at the following stages:

• The cases against Mr. Mohamed Rasheed (charged with terrorism), Mr. Ali Waheed (charged with obstructing police duties and incitement to violence) and Mr. Ibrahim Rasheed (charged with assault, obstructing police duties and incitement to violence) are pending in court;

• The cases against Mr. Ilyas Labeeb (charged with obstructing police duties), Mr. Imthiyaz Fahmy (charged with obstructing police duties by breaching a barricade), Mr. Mohamed Shifaz (charged with producing pornographic cards) and Mr. Moosa Manik (charged with disrespecting the judiciary) are with the Prosecutor General;

• The case of Mr. Hamid Abdul Ghafoor (charged with obstructing police duties by refusing to give urine samples for drug testing) was referred back to the police by the Prosecutor General for further investigation,

Considering that the source affirms that the Speaker has taken no meaningful action to protect members of parliament or to enquire into their welfare; recalling that, with regard to the arrests that took place in February, the Speaker of the People’s Majlis immediately referred the matter to the Privileges Committee, as provided for in the Standing Orders, that the Privileges Committee was due to examine the matter at a session on 14 February 2012 but that a disruption caused by members of the opposition who rejected the way the Committee had handled Mr. Rasheed’s case prevented it from doing so; also considering that, according to the latest information from the source, the Privileges Committee has been ineffective in examining any of the many complaints, including one regarding the overall lack of security and safety of MDP parliamentarians, of which it has been seized since February 2012 by the opposition and has only recently been able, with only members belonging to the MDP in attendance, to suggest that certain cases of ill-treatment of members of parliament be forwarded to the Prosecutor General; further considering that a protection and privileges bill for members of parliament is pending before the People’s Majlis, and that the IPU, as part of its assistance to the parliament, will lend its expertise to the drafting process,

Considering finally the following: Mr. Afrasheem Ali, a member of the People’s Majlis representing the Progressive Party of the Maldives, which is part of the government coalition, was stabbed to death on 2 October 2012; according to the Deputy Minister, the government is investigating the case and has made a number of arrests, with the Commissioner of Police stating that he is confident that the case will be solved; the source underlines that the MDP has strongly condemned the murder but at the same time is disturbed about the manner in which the police are conducting their investigation and fears that MDP supporters may be unfairly accused of the crime,

Bearing in mind that the Republic of Maldives is a party to the International Covenant on Civil and Political Rights, and is thus bound to respect freedom of expression and assembly and the right to liberty and security,

1. Thanks the Minister of Gender, Family and Human Rights, her Deputy and the Speaker of the People’s Majlis for their extensive information and cooperation;

2. Is deeply concerned at the ongoing climate of violence and confrontation in the Maldives, which can only undermine attempts to bring about a lasting resolution of the political crisis in the country; is shocked at the death of Mr. Afrasheem Ali and trusts that the police authorities will do everything possible to establish the identity of the culprits with diligence and objectively; is deeply concerned that, despite the critical observations and conclusions of the Police Integrity Commission, including its former Chairperson, and of the Commission of Inquiry, none of the police officers responsible for the ill-treatment to which members of parliament were subjected on 8 February 2012 have thus far been held to account; calls on the authorities to do everything possible to expedite their efforts in this regard;

3. Is likewise concerned that the latest reports of renewed arbitrary arrests, ill-treatment and harassment by law enforcement officers of MDP members of parliament has also yet to lead to the punishment of those responsible; trusts that the authorities will soon be able to produce tangible results in this regard, in line with their stated commitment;

4. Notes with concern that a fair number of MDP members of parliament face legal action in connection with their participation in demonstrations or the exercise of freedom of expression; wishes to ascertain more precisely the factual basis for the accusations and to receive, where they exist, a copy of the charges; wishes to receive official confirmation that no investigation is ongoing with respect to Mr. Sameer;

5. Considers that an on-site mission would be timely and enable it to gather first-hand information in this complex and serious case with a view to enhancing its understanding of the prospects for resolving the concerns which have arisen and of the current political situation in the Maldives; is pleased, therefore, that the Deputy Minister for Gender, Family and Human Rights welcomes a mission for this purpose, which would meet with the parliamentary, executive and judicial authorities and the parliamentarians concerned;

6. Requests that, given the special responsibility of the People’s Majlis to help ensure that all its members can fulfil their mandate without hindrance, the mission also support current IPU efforts to help the People’s Majlis make progress towards the adoption and implementation of a privileges bill effectively ensuring that members of parliament enjoy the protection they need to carry out their work;

7. Requests the Secretary General to arrange for the mission to take place as early as possible and to pursue his contacts with the parliamentary and executive authorities for this purpose; requests him also to convey a copy of this resolution to the source;

8. Requests the Committee to continue examining this case and to report back to it in due course.

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