#145 Abdulla Alexander
Date
of Birth:
Profile: Detainee was actively involved in the cleaning,
collecting aid material, work in the relief centre and travel to the atolls for
aid distribution in Maldives following the tsunami on 26 December 2004.
Allegations
of maltreatment: Detainee was refused
proper medical treatment after being diagnosed with stones in the gall bladder
while imprisoned. Detainee was also refused bottled drinking water after
doctors prescribed it to detainee.
Date
of Arrest: 2 October 2005
Status:
Sentenced to eleven years
imprisonment under terrorism on 2 October 2005 in connection to the
demonstrations following the custodial killing of five prisoners on 20
September 2003.
Charge: Terrorism
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4 October 2007
Acquaintance of detainee
reported detainee was arrested from a building owned by Captital
Travels Pvt. Ltd. in Male' on a date in September 2007 which acquaintance of
detainee could not recall.
Acquaintance of detainee reported detainee contacted her by telephone within
twenty-four hours of his arrest and informed her that police had arrested him
under suspicion of having committed a robbery and that police had detained him
at Dhoonidhoo Island Detention Center where he
remains at present.
Acquaintance of detainee reported police have not allowed detainee to make any
further telephone calls apart from the above mentioned telephone call he made
after he had been arrested.
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26 March 2007
Detainee reported the
Criminal Court sentenced him to eleven years imprisonment under terrorism on 2
October 2005 in connection to the demonstrations on 20 September 2003 following
the custodial killing of five prisoners.
Detainee reported the detaining authorities transported him to IGM Hospital and
granted him access to an orthopedic doctor on 11 March 2007. Detainee reported
the doctor recommended him physiotherapy.
Detainee reported the detaining authorities transferred him under house arrest
as detainee has to attend hospital quite frequently for physiotherapy on the
same day. Detainee reported the detaining authorities are disorganized and do
not come to pick him up on time to transfer him to the hospital.
Detainee is in good spirits to be back with family and friends in Male’.
Guardian of detainee reported she wrote a letter to the President on 2 August
2006 following the Presidential Pardon of Ms Jennifer Latheef,
who had been sentenced to ten years imprisonment for the same charge for the
same act. Guardian of detainee reported she requested the President he also
pardons the detainee in fairness to the Islamic laws. Guardian of detainee
reported she requested the President that the state arrange for the treatment
of psychological harm faced by the detainee during detention.
Guardian of detainee reported she received a reply from the President’s office
during the second week of August 2006. Guardian of detainee reported the letter
informed her that the president could not pardon detainee or reconsider detainee’s
sentence due to the special circumstances surrounding detainee’s imprisonment.
Guardian of detainee reported the letter also said that usually detainees are
released for rehabilitation and that the state would reconsider the detainee’s
sentence based on the results from the rehabilitation center.
Guardian of detainee expressed concern as the letter had specifically not said
that the state would release detainee for rehabilitation. Guardian of detainee
reported they are looking into arranging rehabilitation for the detainee.
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30 August 2006
Guardian of detainee reported the Criminal Court sentenced the
detainee to eleven years imprisonment under terrorism on 2 October
2005 in connection to the demonstrations on 20 September 2003
following the custodial killing of five prisoners.
Guardian of detainee reported she wrote a letter to the President on
22 August 2006 following the Presidential Pardon of Ms Jennifer
Latheef, who had been sentenced to ten years
imprisonment for the
same charge for the same act. Guardian of detainee reported she
requested the President he also pardons the detainee in fairness to
the Islamic laws. Guardian of detainee reported she requested the
President that the state arrange for the treatment of psychological
harm faced by the detainee during detention.
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20 August 2006
Guardian of detainee reported the Criminal Court sentenced the detainee to
eleven years imprisonment under terrorism on 2 October 2005 in connection to
the demonstrations on 20 September 2003 following the custodial killing of five
prisoners.
Guardian of detainee reported third parties informed her that the detaining
authorities brought the detainee to IGM Hospital on the first week of August
2006. Guardian of detainee reported the detainee telephoned his family on 1
August 2006. Guardian of detainee reported the detaining authorities are
holding the detainee at a high security cell in Maafushi
prison.
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19 July 2006
Guardian of detainee reported the Criminal Court sentenced the detainee to
eleven years imprisonment under terrorism on 2 October 2005 in connection to
the demonstrations on 20 September 2003 following the custodial killing of five
prisoners.
Guardian of detainee reported the detainee informed her that the detaining
authorities hold him in cell A2. Guardian of detainee reported the detainee
told her that he requested the detaining authorities to transfer him to cell A1
but the detaining authorities informed him that they would transfer him on an
unspecified future date. Guardian of detainee reported the detainee informed
her that he moved to cell A1 as he does not want to commit disciplinary
offences with the other detainees at cell A2. Guardian of detainee reported the
detainee told her that the detaining authorities ordered him to move back to
cell A2, which was to climb over the cell wall. Guardian of detainee reported
the detainee told her that he explained to the detaining authorities that he
moved to cell A2 as he does not want to get punished for misconduct and that he
would move back to his cell when the authorities allow him to walk through the
gate. Guardian of detainee reported the detainee told her that he remained at
cell A1 despite the authorities threatening him to hold him in isolation,
because the detaining authorities refused to allow him to walk through the gate
as he requested.
Guardian of detainee reported the detainee told her that he met with the Deputy
Director of Legal Affairs at the Ministry, Ms Azima Shukoor at Maafushi jail and
requested her to transfer him to A1 cell. Guardian of detainee reported the
detainee told her that the deputy director informed him she would make the
arrangements to transfer him. Guardian of detainee reported she telephoned the
deputy director of legal affairs on June 2006 and enquired about the detainee’s
transfer to A1 cell and the deputy director of legal affairs informed her that
arrangements would be made. Guardian of detainee reported the deputy director
did not answer her mobile phone when she telephoned her as to enquire more
about the transfer. Guardian of detainee reported the detaining authorities
brought the detainee to IGM Hospital and provided the detainee with medical
assistance in June 2006.
Guardian of detainee reported the detaining authorities transported the
detainee to Male' for family access on 20 June 2006. Guardian of detainee
reported the detaining authorities held the detainee under house arrest and
transported the detainee back to Maafushi prison on
25 June 2006.
Guardian of detainee reported the detainee telephoned her on the first week of
July 2006 and informed her that the detaining authorities hold him in solitary
confinement in a high security cell. Guardian of detainee reported the detainee
told her that he wears a jail uniform at the cell and that the detaining
authorities did not allow him to walk out of the cell.
Guardian of detainee expressed concern as the detainee remains in cell A1, when
the deputy director informed the detainee that she would transfer the detainee
from the cell.
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4 May 2006
Guardian of detainee reported the Criminal Court sentenced the detainee to
eleven years imprisonment under terrorism on 2 October 2005 in connection to
the demonstrations on 20 September 2003 following the custodial killing of five
prisoners.
Guardian of detainee reported the detaining authorities informed the detainee
that they will grant access to detainee’s family on an unspecified future.
Guardian of detainee reported the detaining authorities transported the
detainee to Male' and provided him with medical assistance at IGM Hospital on
01 May 2006.
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17 April 2006
Guardian of detainee reported the Criminal Court sentenced the detainee to
eleven years imprisonment for terrorism on 2 October 2005 in connection to the
demonstrations on 20 September 2003 following the custodial killing of five
prisoners.
Guardian of detainee reported the detainee wrote a letter to the detaining
authorities on 6 April 2006 requesting access to his family. Guardian of
detainee reported the detainee informed her that he has not yet received any
reply to his letter.
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20 March 2006
Guardian of detainee reported the Criminal Court sentenced detainee to eleven
years imprisonment under terrorism in connection to the demonstrations on 20
September 2003 following the custodial killing of five prisoners.
Guardian of detainee reported the detaining authorities transferred the
detainee to IGM Hospital and provided the detainee with medical assistance on
15 March 2006.
Guardian of detainee reported the detainee told her that the detaining
authorities transferred him to a different cell. Guardian of detainee reported
the detainee told her that the detaining authorities broke his cupboard in the
cell and took the CD player during a raid in February 2006. Guardian of
detainee reported the detainee told her that he complained to the detaining
authorities about the missing items explaining that the items were brought into
the cell with the permission of the detaining authorities. Guardian of detainee
reported the detainee told her that the detaining authorities assured him they
would return the items in an unspecified future.
Guardian of detainee reported the detaining authorities transferred the
detainee back to Maafushi Island prison on the same
day.
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2 March 2006
Guardian of detainee reported the detaining authorities brought the detainee to
IGM Hospital on 21 February 2006 for physiotherapy treatment. Guardian of
detainee reported the detaining authorities transferred detainee to Male’
police headquarters under the detainee’s therapist’s recommendation.
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7 February 2006
Guardian of detainee reported the Criminal Court sentenced the detainee on 2
October 2005 to eleven years imprisonment under terrorism as a result of the
detainee’s participation in the street demonstrations on 20 September 2003
following the custodial killing of five prisoners.
Guardian of detainee reported the detaining authorities took the detainee to
hospital on 2 February 2006 for a medical check-up. Guardian of detainee
reported the specialist at hospital referred the detainee to an orthopedic
specialist.
Guardian of detainee reported the detaining authorities took the detainee to
the hospital again on 4 February 2006 as the detainee suffered from severe
abdominal pains. Guardian of detainee reported the detaining authorities
transported the detainee back to Maafushi Island
prison after his medical consultation.
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31 January
2006
Guardian of detainee
reported the detaining authorities took him to hospital on 25 January 2006 for
an x-ray as he was diagnosed stones in his gall bladder. Guardian of detainee
reported the doctor referred him for a further medical examination after one
week.
Guardian of detainee reported that the detaining authorities have not yet
brought the detainee for further medical examination. Guardian of detainee
expressed her deep concern at the denial of medical treatment and the mental
welfare of the detainee.
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23 January
2006
Guardian of
detainee reported detainee remains imprisoned in Maafushi
jail since the Criminal Court sentenced him to eleven years imprisonment under
terrorism on 2 October 2005.
Guardian of detainee reported the detainee continues to suffer severe bladder
problems due to previously diagnosed stones and that the doctors recommended
urgent treatment. Guardian of detainee expressed deep concern about the
detainee's rapidly deteriorating health due to the fact that the detaining authorities
are refusing to provide the detainee with the necessary medical facilities.
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21 January 2006
Guardian of
detainee reported detainee remains imprisoned in Maafushi
jail since the Criminal Court sentenced him to eleven years imprisonment under
terrorism on 2 October 2005.
Guardian of detainee reported the detaining authorities took him to the
hospital on 12 January 2006 to consult a specialist doctor. Guardian of
detainee reported the detainee continues to suffer severe bladder problems due
to previously diagnosed stones and that the doctors recommended urgent
treatment.
Guardian of detainee reported the detaining authorities have not yet provided
the detainee with medical assistance since 12 January 2006.
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4 January 2006
Guardian of detainee reported third parties have informed her that the
detaining authorities are presently holding the detainee at Male' police
headquarters.
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25 December
2005
Guardian
of detainee reported that the detaining authorities transferred the detainee to
Dhoonidhoo Island Detention Center during the last
week.
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6 December 2005
Guardian of detainee reported the Criminal Court sentenced the detainee to
eleven years imprisonment for terrorism on 2 October 2005 in connection to the
demonstrations following the custodial killing of five prisoners on 20
September 2003.
Guardian of detainee reported the Criminal Court informed the family of
detainee that they should make a written request to apply for an appeal against
the detainee’s conviction for terrorism. Guardian of detainee reported the
Criminal Court also informed her that a consent letter from a person from
detainee’s family should be sent to the Criminal Court who would be given power
of attorney to act on behalf of the detainee.
Guardian of detainee expressed her view that the court is attempting to
deliberately delay the detainee’s appeal to the High Court.
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29 November 2005
Guardian of detainee reported the detainee’s family has appealed detainee’s
case to the High Court on 19 November 2005. Guardian of detainee reported
detainee had been sentenced to eleven years imprisonment for terrorism on 2
October 2005 as a result of his participation in the riots following the
custodial killing of five prisoners in September 2003.
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17 November 2005
Guardian of detainee reported the Criminal Court provided her on 16 November
2005 with a copy of the written judgment sentencing the detainee to eleven
years imprisonment for terrorism in October 2005. Guardian of detainee reported
the Attorney General’s Office charged the detainee for acts committed in the
demonstrations that followed the custodial killing of five prisoners. Guardian
of detainee reported the judgment was over one thousand pages long.
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11 November 2005
Guardian of detainee reported the Criminal Court has not provided a written
judgment for detainee who was sentenced to eleven years imprisonment on 2 October
2005 in connection to the demonstrations of 20 September 2003 following the
custodial killing of five prisoners.
Detainee reported he holds Dutch citizenship. Detainee reported his Dutch
passport remains at the Dutch Embassy in Sri Lanka from the time it was sent
for renewal. Detainee reported that he has been unable to collect the passport
because the Maldivian government has refused to allow him to travel out of the
country. Detainee reported he unsuccessfully tried to contact the Dutch Consular
Services twice before he was sentenced in 2 October 2005.
Detainee reported the Dutch Consular Services had asked him to provide a
detailed account of his circumstances since he returned to the Maldives.
Detainee reported he had prepared a report for the Dutch Consular Services in
November 2005 which he had given to a friend to take the Dutch Embassy.
Detainee reported the detaining authorities brought him to the hospital on 10
November 2005 for an appointment with a Urologist.
Detainee reported the detaining authorities had however neglected to make an
appointment with the appropriate doctor and the detaining authorities then
ordered the detainee to return to Maafushi prison
until 15 November 2005 despite the fact his medical condition had severely deteriorated.
Detainee reported he refused to return to Maafushi
prison without proper medication because he was experiencing severe pain,
burning sensations and discoloured urine. Detainee
reported the detaining authorities allowed him to stay in a prison facility in
Male’ until the following day. Detainee reported the doctor had referred him to
a radiologist and requested him to return on 15 November 2005. Detainee
reported he was uncertain whether he would be returned Maafushi
prison and whether the detaining authorities would permit him to attend the
hospital on 15 November 2005.
Detainee reported his illness may have been induced by the fact the water in
the prison is polluted and not fit for human consumption. Detainee reported the
food provided by the detaining authorities during Ramadan was inedible.
Detainee reported the detaining authorities denied the prisoners daily exercise
and denied the female prisoner any form of exercise. Detainee reported there is
only one duty doctor for two hundred prisoners in Maafushi
prison and that on many days no doctor was available.
Detainee reported the food had improved since the Ramadan and is now edible
although it is not varied or nutritionally balanced. Detainee reported the
toilets in the prison are usable. Detainee reported that he has not witnessed
the detaining authorities beating any of the prisoners. Detainee reported the
detaining authorities provide him with reading and writing materials as well as
basic education. Detainee reported that most of the detainees however required
more advanced education.
Detainee reported he was unable to communicate with senior officials in the
prison although certain prisoners appear to have easy and regular access to
whomever they wish.
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7 November 2005
Guardian of detainee reported the Criminal Court has not provided the
detainee's written judgment. Guardian of detainee reported the detainee was
sentenced for eleven years imprisonment by the Criminal Court on 2 October 2005
for participation in the demonstration following the custodial killing of five
prisoners in September 2003.
Guardian of detainee reported the Criminal Court asked her to collect a reply
provided by the Minister of Justice on 2 November 2005 in response to her
letter dated 23 October 2005 requesting the detainee’s written judgment.
Guardian of detainee reported she waited at the Criminal Court until the office
was about to close and that the court officials informed her that a reply would
be ready on 6 November 2005.
Guardian of detainee reported the reply from the Minister of Justice received
on the 6 November 2005 stated that the judgment is delayed because the judgment
was very long. Guardian of detainee reported the letter also said that the
Criminal Court would work to try and finish the report by 10 November 2005.
Guardian of detainee reported the detaining authorities brought detainee to the
hospital on 3 November 2005. Guardian of detainee reported detainee had told
her at the hospital that he had been very ill and that he had suffered severe
abdominal pains for three days. Guardian of detainee reported detainee said the
detaining authorities had refused to bring the detainee to the hospital and
kept him in Maafushi prison for three days on Voltaren injections and IV fluids.
Guardian of detainee reported the doctors at the hospital tested the detainee
and the tests teh detainee had bladder stones.
Guardian of detainee reported the duty doctor had referred detainee to a Urologist. Guardian of detainee reported the detaining
authorities transferred the detainee back to Maafuishi
prison because they said there were no specialists on duty.
Guardian of detainee reported she telephoned the detaining authorities on 6
November 2005 and told them that a Urologist was on
duty at the hospital on 7 November 2005. Guardian of detainee reported the
detaining authorities had replied that hospital transfers for male prisoners
were only scheduled for Thursdays. Guardian of detainee expressed concern that
the detaining authorities may be un-necessarily prolonging the agony of the
detainee and inflicting a cruel form of detention by denying quick access to
appropriate medication.
Guardian of detainee reported third parties told her that it is normal for the
detaining authorities to take detainees back to the Maafushi
prison for administrative procedures before transferring them to house arrest
even if a detainee has undergone surgery and requires bed rest. Guardian of
detainee expressed distress over the medical condition of detainee.
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1 November 2005
Guardian of detainee reported she telephoned the Criminal Court several times
requesting a reply to her letter to the Minister of Justice dated 23 October
2005. Guardian of detainee reported the court officials informed her that the
Minister was out of office when she telephoned the court on 30 October 2005.
Guardian of detainee expressed her view that the Criminal Court was trying to
delay the process of detainee's appeal to the High Court by withholding the
written verdict which the defense would require to submit an appeal.
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26 October 2005
Guardian of detainee reported detainee was sentenced in connection to the
popular street demonstrations of 20 September 2003 following the custodial
killings of five prisoners. Guardian of detainee reported she called the
Criminal Courts enquiring a status of the written verdict of detainee on 24
October 2005. Guardian of detainee reported the court officials told her that
the written verdict had not been completed.
Guardian of detainee reported she has written to the Minister of Justice
requesting that the process of preparing a written verdict for the detainee is
expedited so that the family of detainee can prepare for an appeal to the High
Court as soon as possible. Guardian of detainee reported she also said in her
letter to the Minister of Justice that more than three weeks had already
elapsed since the Court had sentenced the detainee to imprisonment.
Guardian of detainee reported detainee holds a Dutch passport since father of
detainee had migrated to Holland when the detainee was one-year old. Guardian
of detainee reported detainee was twelve-years of age when he came back to the
Maldives. Guardian of detainee reported the detaining authorities had prepared
a Maldivian identity card for detainee following his arrest in 2003.
Guardian of detainee reported detainee was sentenced for eleven years
imprisonment under article 6(b) with reference to article 2(f) and (g) of the
anti-terrorism law, on 2 October 2005.
Article 6(b) of the Anti-Terrorism Law of Maldives states:
Whoever commits an act of terrorism which does not involve the death of any
person shall be punishable with imprisonment of banishment for a term not less
than ten years but not exceeding fifteen years. The punishment of any person
found to have participated in the commission or planning of such an act shall
also be the same. Any person found to have aided or abetted in the commission
of the crime or concealed information relating to the crime shall be punishable
by imprisonment or banishment for a term not less than three years but not
exceeding seven years.
Article 2(f) of the Anti-Terrorism Law of Maldives states:
The setting on fire, or the causing of damage, or the attempt to do the same,
to the property of any person or persons in any way that may harm life, people
or property;
Article 2(g) of the Anti-Terrorism Law of Maldives states:
Any act or the attempt to commit an act that may instill fear among the people
or threaten life, person or property of any person verbally or in writing.
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17 October 2005
Guardian of detainee reported the Criminal Court sentenced the detainee to
eleven years imprisonment on 2 October 2005. Guardian of detainee reported the
detainee was sentenced under the anti-terrorism act in connection to the
popular demonstration of 20 September 2003, which was in response to the
custodial murder of five people by the prison authorities.
Guardian of detainee reported she has requested the Criminal Court to provide
the written judgment so that she can lodge an appeal with the High Court, which
operates under the President’s Office. Guardian of detainee reported that an
appeal has to be made within ninety days of sentencing and more than fifteen
days had already passed. Guardian of detainee reported the Criminal Courts
claimed the report has still not been prepared but had been told by court
officials that the judgments were ordinarily made available in seven days.
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2 October 2005
Acquaintance of detainee reported that detainee was sentenced on 2 October 2005
to eleven years in prison following his conviction for terrorism charges for 20
September 2003 demonstrations.
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21 February 2005
Detainee
(age 24), who has Dutch citizenship, appeals to the Dutch Government to
intervene on his behalf to urge the Maldivian Government to drop the charges of
terrorism (charged on February 2004) pressed against him because of his alleged
involvement in the 20 September 2003 riots that occurred in Male’ following the
killing of prisoner Hassan Evan Naseem by the
National Security Service in Maafushi Prison.
Detainee,
who was not implicated in the August 2004 demonstration, reported that he
believed the trial of the alleged perpetuators of the riot was not conducted
with due process of law and that he had compelling evidence to maintain that he
would not receive a fair trial.
Detainee
reported that from the onset of the trail the authorities had conducted it unfairly.
Detainee reported that he had identified the following transgressions from due
process of law which the State had deliberately refused to rectify.
1.
That the riots occurred due to the killing of 6 prison inmates by the security
forces. That sentiments were very high in Male’ on the
day of the riot. That given the circumstances it was wrong for the State to
charge people for terrorism for a spontaneous reaction against the authorities
that occurred due to a reasonable cause.
2.
That only 6 people were charged following the riot out of a crowd of hundreds
and that the detainee believed the defendants were hand-picked by the
authorities for political reasons. Out of the six defendants, one was the
daughter of spokesman of the Maldivian opposition party (MDP) which had not
been allowed to function in the Maldives. That one of the defendants was the
son of the President’s brother-in-law who was allowed to leave the country on
medical grounds so that he could flee from the trial.
3.
That top government officials, including the top officials of the National
Security Service and the police have not been summoned to court to explain why
6 prison inmates were brutally killed by the authorities.
Detainee
reported that he had been in and out of prison since the age of 12 and had been
brutally maltreated by the Maldivian authorities. Detainee reported that the
Dutch Government had so far ignored the plight of the detainee even when
international bodies such as Amnesty International had declared that “Fundamental flaws in the criminal justice system were
partially addressed” by the government (Amnesty
International Country Report for Maldives 2004).
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