The Governing Council of the Inter-Parliamentary Union,

Referring to the case of the above-mentioned parliamentarians, all members of the People’s Majlis of the Maldives, and to the resolution it adopted at its 191st session (October 2012) on all the above-mentioned individuals except Mr. Abdulla Jabir and Dr. Afrasheem Ali, the only two who do not belong to the opposition Maldivian Democracy Party (MDP),

Considering the report (CL/192/12(b)-R.1) of the mission sent by the Committee on the Human Rights of Parliamentarians to the Maldives from 19 to 21 November 2012, during which the Committee was seized of Mr. Abdulla Jabir’s case, as reflected in the report,

Taking into account the communication from the Deputy Minister of Gender, Family Affairs and Human Rights of 21 March 2013 and the information provided by the source on 16 and 23 March 2013,

Having before it the case, submitted following the mission, of Dr. Afrasheem Ali, who was stabbed to death on 2 October 2012; considering that, according to the information provided by the source on 16 March 2013, two people have been charged with the murder,

Considering the following information provided by the source since the mission:

• The Police recently announced that someone had been arrested for attacking Ms. Mariya Didi on 7 February 2012, but that person was not a policeman; the case of the attack on Mr. Ibrahim Rasheed on the same day has been with the Prosecutor General for over eight months without any progress being made; in contrast, the case against Mr. Rasheed, who is charged with assaulting a police officer, is proceeding and two hearings have taken place;

• The Police Integrity Commission released its findings on the arrest of Mr. Abdulla Jabir on 15 November 2012 and concluded that he had been physically assaulted by police officers using undue force; however, the report noted that the perpetrators could not be identified because they were wearing masks and that therefore no further steps could be taken on the case;

• According to a letter from the Minister of Defence, the Maldives National Defence Force, which provides security for members of parliament, does not do so if the members in question are wanted by the Police or taking part in demonstrations;

• In response to the mission report’s observations, the aggrieved members of the People’s Majlis have made all the necessary complaints to the Police and other competent authorities and assisted the investigation with a view to identifying those responsible, without any result,

Considering that presidential elections will be held in the Maldives on 7 September 2013, that former President Nasheed from the MDP is on trial for abuse of power for having ordered the arrest and detention of Judge Abdulla Mohamed in January 2012, and that concerns have been expressed in and outside the Maldives about due process in the proceedings and the effects of Mr. Nasheed’s possible exclusion from the presidential elections,

Considering that the Deputy Minister of Gender, Family Affairs and Human Rights provided the following observations on the mission report: “We find the report extremely useful for us to understand and iron out issues in different institutions in our young democracy. We assure the IPU of the government’s commitment to ensure that the rule of law prevails in accordance with our Constitution and international commitments. We appreciate the IPU’s role in helping to strengthen democratic governance”,

Considering finally the statement made by the IPU President, Mr. Abdelwahad Radi, on 26 March 2013 on the situation of the People’s Majlis,

1. Thanks the Maldivian authorities for their cooperation; thanks in particular the Speaker of the People’s Majlis and the Deputy Minister of Gender, Family Affairs and Human Rights for their efforts to ensure the smooth conduct of the mission;

2. Also thanks the mission for its work and endorses its overall conclusions;

3. Takes note with interest of the observations made by the Deputy Minister of Gender, Family Affairs and Human Rights, the Privileges Committee of the People’s Majlis and the source;

4. Remains deeply concerned that, despite the evidence collected, in particular available footage, and the stated willingness of the authorities, not a single police officer has thus far been held to account for the ill-treatment inflicted on members of parliament on 8 February 2012, and that the Police Integrity Commission has now confirmed the circumstances of the arrest and ill-treatment of Mr. Jabir, thus lending weight to the allegation that his arrest was indeed politically motivated;  is also deeply concerned that the police officers responsible for Mr. Jabir’s arrest and ill-treatment cannot be identified, even though it is apparently mandatory under the Police Act (No. 5/2008) for police officers to wear name tags; calls on the authorities to do everything possible to speed up the identification and prosecution of police officers who have acted unlawfully since the transfer of power on 7 February 2012 and to ensure that police officers can be clearly identified when they take part in law enforcement operations;

5. Is pleased that the police authorities are making material progress in the investigation into the death of Dr. Afrasheem Ali; trusts that they are doing everything possible to establish the identity of the culprits with diligence and objectively; wishes to know the facts underpinning the arrests made in the case and whether the police authorities have been able to establish the motive for the murder;

6. Is concerned about the source’s allegation that members of the People’s Majlis may no longer be receiving the security protection they require; wishes to receive the observations of the competent authorities on this important matter;

7. Urges the authorities to heed the mission report’s recommendation that they tread extremely carefully in pursuing the criminal cases against the members of the People’s Majlis belonging to the MDP and proceed only when there is conclusive evidence against them and when their prosecution is clearly in the public interest; points out that most of the cases are directly linked to the members’ participation in demonstrations contesting the transfer of power of 7 February 2012; is keen to receive the observations of the Prosecutor General on this matter;

8. Is extremely concerned about the context of confrontation that continues to exist between the People’s Majlis and the other branches of the State and about the fact that parliament’s authority appears to be continuously challenged; calls on all sides to heed the mission report’s recommendation that they move beyond political expediency and partisanship, engage in dialogue and promote consensus-building in order to facilitate free, fair and meaningful presidential elections in September 2013;

9. Requests the Secretary General to convey this resolution to the relevant executive, parliamentary and judicial authorities and to the source;

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

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