Drug Smuggling Suspects Freed In “Chaotic” Legal Situation in Maldives

Drug Smuggling Suspects Freed In “Chaotic” Legal Situation
By Emily Reed in Malé
August 9, 2008

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Since the ratification of the new constitution, two men arrested over drug trafficking cases have been released, along with an unspecified number of others whom judges have ruled cannot be kept in detention.

State attorney Hussein Shameem says it is “a chaotic situation,” as everyone in detention pending trial is now being brought before a judge to determine whether or not it is legal to keep them in custody.

Under the new constitution, police must seek permission from a judge before detaining anyone for over 24 hours.

Police would not specify how many individuals have been released over the past two days, but confirmed the releases of drug smuggling suspects Abdul Waheed and Visham Shafeeq.

Freed

Abdul Waheed, a Maldivian citizen, was arrested in March in connection with a drug bust consisting of four kilograms of heroin, worth over Rf 12 million (US $1 million).

Waheed was arrested along with two Sri Lankans, Sameen Ummul Fahumiyya, 56, and Mohamed Wasood Mohamed Bisthaami, 38.

A judge authorised the release of Fahumiyya on 18 June because there was “nowhere to detain her.” She fled to Sri Lanka before her trial, after her passport and belongings were returned to her on her release.

Waheed was released on Thursday, though Bisthaami is believed to remain in custody.

Visham: “Big Role”

Also confirmed by police on Saturday was the release of Visham Shafeeq, 23, a Maldivian arrested in connection with a July drugs haul.

In the case, two Pakistani drug smugglers were caught on July 14 with 122 “bullets” of heroin in their stomachs. Both Visham and fellow Maldivian Ahmed Nabeel, 22, were arrested over alleged collaboration with the Pakistanis.

Mohamed Jinah, head of the police Drug Enforcement Unit (DEU), said at the time that Visham was “reported to play a big role in bringing in the most dangerous type of heroin, or pure heroin.”

Police said on Saturday that in the cases of both Waheed and Visham, the judge did not see it fit to keep them in detention.

But they could not confirm the reasons for the judge’s decision in each case.

Shameem said in some cases, police have “not completed the investigations” before a judge has set suspects free.

According to police, the investigation of Waheed’s case was complete and has since been sent to the Attorney General’s Office (AGO) for review.

However, “there are still things that need to be investigated” in Visham’s case, police said.

New Laws

Legal changes brought in with the ratification of the new constitution have created difficulties in the courts.

On Wednesday, the AGO announced that all criminal court proceedings will be suspended for two weeks in preparation for new regulations to accompany the country’s new constitution.

Shameem described this situation as a “legal void”, adding it would be “impossible” to train judges and magistrates in the new procedures within two weeks.

But concerns have repeatedly been raised over the release of suspects pending trial, even before the new constitution was ratified.

In May, between 10 and 20 gang members arrested over street violence were transferred from police custody to house arrest or released.

And in June, three prime suspects in the December murder of Ali Ishar, 21, were downgraded from police custody to house arrest.

Earlier, it had emerged that Hussein Isa Falhu, a suspect in a March 13.6 kilo heroin haul, had been free despite an ongoing, separate trial for drug dealing.